Cases
2019 Highest 1295 Fraudulent
Defendant
A
Prosecutor
Park Jong-soo (Public Trial) and the public trial (public trial)
Imposition of Judgment
July 9, 2019
Text
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
【Basic Facts】
The Defendant is a person who is working as a researcher of the Research Research Institute of Bioscience and Technology from February 1, 203.
(2) The Defendant: (3) “E” (the research period from January 1, 2009 to December 31, 2011) (the research period from April 1, 2008 to December 31, 201) (4) the Defendant received from the Korea Research Foundation for Agricultural, Fisheries and Food Technology Evaluation and Planning (the research period from January 1, 2009 to December 31, 201) (the research period from September 23, 2012 to September 22, 2014) (the research period from September 23, 2012 to September 22, 2014) (the research period from the Korea Research Foundation for Agricultural, Fisheries and Food Technology Promotion) (the research period from November 1, 2013 to October 31, 2016) (the research period from the Korea Research Foundation for Agricultural Development).
An industry-academic cooperation foundation for victims B universities shall receive research services from an ordering agency, such as the Korea Research Foundation, Rural Development Administration, Agricultural, Fisheries, and Food Technology Evaluation and Planning Institute, and enter into a related contract and manage research and development expenses, and if a person in charge of research requests payment of research and development expenses, he/she shall pay research and development
[Criminal Facts]
Although the Defendant did not participate in the foregoing research and development task in I, J, K, L, M, N, P, P, Q, R, etc., which was a leading student of B University biotechnology and H professor, the Defendant had falsely registered as a research assistant of the said research and development task. On deposit of personnel expenses, research allowances, etc. from the industry-academic cooperation foundation of the Victim B University into the accounts of the research assistant, the Defendant had the staff of H professor’s office who was under joint management of the said account transferred personnel expenses and research allowances to the account of the Defendant’s name by transferring them to the S Bank account in the name of the Defendant.
In addition, since 2016, the above H professor's joint management of personnel expenses and cards for the student researcher's personnel expense accounts and cards is deemed inappropriate, and in order for T to return personnel expenses accounts and cards to I and J, and the defendant to the above I and J, who was an employee, was willing to receive personnel expenses and research allowances by borrowing personnel expenses and cards to him.
On July 22, 2014, the Defendant filed a false claim of 382,40 won for I’s personnel expenses to the Industry-Academic Cooperation Foundation of the Victim B University with respect to the “E” research and development task, which was ordered by the Korea Food, Agriculture, Forestry and Food Technology Evaluation and Planning Institute, and received 382,40 won from the Victim B University Industry-Academic Cooperation Foundation to the account (U) in the name of I, and subsequently received the money again from the Defendant to the account (V) in the name of the Defendant. From April 27, 2010 to June 14, 2017, the Defendant acquired 77,796,121 won in total on 124 occasions as shown in the attached list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of the accused by prosecution;
1. Written statement by the police;
1. A written accusation (including attached documents);
1. An investigation report (a specific audit report related to the implementation of research expenses by A professor), an investigation report (to hear reports on Twitness), an investigation report (to hear the statements of witnesses), an investigation report (to hear the statements of witnesses), an investigation report (to hear the statements of a reference witness), and an investigation report (to make a report on the preparation of
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
inclusive, Article 347(1) of the Criminal Act, the choice of imprisonment
1. Suspension of execution;
Article 62(1) of the Criminal Act
Reasons for sentencing
A punishment was imposed by comprehensively taking account of various circumstances as shown in the records and arguments of this case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstance after the crime, etc.
Judges
Judges Nam-ju
Site of separate sheet
A person shall be appointed.
A person shall be appointed.
A person shall be appointed.
A person shall be appointed.
A person shall be appointed.