Defendant

Public prosecutions and public trials for transfer of iron bars;

Law Firm Jin Law Firm, Attorneys Jeong Jae-sik et al.

A defendant shall be punished by imprisonment for one year.

To order the defendant to complete the sexual assault treatment program for 40 hours.

Of the facts charged in the instant case, each fraud described in the [Attachment 34] No. 34, Nos. 5, 6, and Nos. 13 and 14 of the crime sight table (3), among the facts charged in the instant case, shall be acquitted.

The summary of the judgment of the acquittal shall be disclosed.

" 2015 Highest 1230"

The Defendant was a professor of ○ University and was the victim Nonindicted 4 (V, 23 years old) who was a graduate student of the above school.

1. On August 19, 2014, the Defendant committed an indecent act by putting the Defendant’s car parked in the third floor parking lot underground in the university-industry and university of the pertinent university, by putting the victim’s shoulder who was seated on the top of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor of the 3rd floor.

2. At around 20:00 on August 23, 2014, at the Defendant’s laboratory located in the fifth fifth floor, the Defendant committed an indecent act by force by inserting the victim’s entrance into the wall and inserting it up to the victim’s side. The Defendant: (a) caused the victim’s buckbucks in hand; (b) caused the victim’s buckbucks, and (c) prevented the victim from breaking up and breaking it so far as it is difficult to do so; and (d) committed an indecent act by force by cutting it into one’s seat and by force.

" 2015 Highest 2829"

From March 1997 to November 201, 2014, the Defendant served as ○○ University △△ University professor.

In principle, in the case of a research task ordered outside the school, the ○ University shall enter into an agreement on the performance of the research task as a party to the industry-academic cooperation foundation, and after having the professor, etc. belonging to the above school execute the relevant research task, settle the research expenses received from the project owner, if there is a balance in the research expenses or any amount wrongfully executed, the project owner shall recover it and return it to the project owner, and the labor expenses among them shall not be used for any purpose other than the original purpose, and the labor expenses shall not be transferred to the personal account of the participating research institute,

In addition, the victim non-indicted 2 educational foundation orders its own research tasks according to the needs of the colleges, etc., or the victim non-indicted 3 foundation orders research tasks from private enterprises, etc. and orders the professors belonging to the above schools, etc. to perform the relevant research tasks, such restrictions are limited in the execution of research expenses and

On January 2012, the Defendant applied for the payment of personnel expenses of Nonindicted 5 to Nonindicted 1 Industry-Academic Cooperation Foundation, as if personnel expenses would normally be paid to Nonindicted 5, a researcher affiliated with the Defendant’s laboratory, regarding the research service related to the “blusizationization best model and algorithm development,” which was ordered by the Research Foundation of Korea to the victim Nonindicted 1 Industry-Academic Cooperation Foundation. However, even if the Defendant was paid the money in the name of personnel expenses for Nonindicted 5, the Defendant recovered the money, and the Defendant was thought to use it for other purposes while managing it.

As such, the Defendant, by deceiving the person in charge of the victim non-indicted 1 industry-academic cooperation foundation, received KRW 860,400,00 from the said person on January 20, 2012 from the said person to one bank account in the name of Non-indicted 5. From that time, the Defendant received KRW 92,924,238 in total from Non-indicted 1 industry-academic cooperation foundation and the victim non-indicted 2 educational foundation on August 25, 2014 as indicated in the table of crime (1) through 33, Nos. 1 through 4 of the table of crime (2), Nos. 1 through 12 of the list of crimes (3), and the list of crimes (4) through (6) of the list of crimes (3), 110 times in total as the victim’s personnel expenses, such as six researchers’ personnel expenses, etc.

" 2015 Highest 1230"

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Each legal statement of the witness, Nonindicted 4, Nonindicted 6, Nonindicted 7, Nonindicted 9, Nonindicted 10, and Nonindicted 11

1. Investigation protocol of Nonindicted 4 by the prosecution

1. Each police statement made against Nonindicted 4 and Nonindicted 7

1. Each written statement of Nonindicted 4, Nonindicted 9, and Nonindicted 7

1. Stenographic records (number 15);

1. Each medical certificate (number 69 is excluded from the recorded parts related to indecent acts) and the medical record area;

1. The Kakakao Stockholm messages (net 9), recording records, e-mail outputs (net 31), the Kakao Stockholm messages, and the subject of a specific project;

[Defendant asserted that dancing as stated in Paragraph 1. of the judgment was conducted with the consent of the victim in accordance with the patriotic relationship with the victim, and that there was no indecent act as described in Paragraph 2. of the judgment. However, according to each of the above evidence, Non-Indicted 4's statements in investigation agency and court were reliable in light of the defendant's act, content of damage, the victim's perception and response, the victim's attitude before and after the crime, etc., as well as the circumstances where the victim's statement is consistent, specific, and this court did not appear to be false, and there is no circumstance that the victim's statement would be false, and the victim expressed that "the victim was sexually indecent act" against Non-Indicted 6 at night on August 19, 2015. The victim was in a position where it is practically difficult to continue his research if the victim expressed his intention to refuse the defendant's act, and that the victim was hospitalized to commit suicide on November 2014, and that the victim was forced to use the victim's expression or position as an indecent act.

" 2015 Highest 2829"

1. Each legal statement of the witness, Nonindicted 12, Nonindicted 5, and Nonindicted 7

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Each police protocol on Nonindicted 7, Nonindicted 12, and Nonindicted 5

1. The statement of Nonindicted 5 (No. 33)

1. Investigation report (excluding the part of the conclusion of the warrant of search and seizure applicable to the financial account), investigation report (excluding the part of the conclusion), investigation report (excluding the part of the conclusion), investigation report (non-indicted 12 and the director of the research support division of the non-indicted 12 and the director of the non-indicted 12 in charge of the research support division of the non-indicted 1 industry-academic cooperation foundation), investigation report (report attached to the data on application for the payment of personnel expenses for students for the defendant pooling tasks), investigation report (report attached to the document on application for the payment of personnel expenses for the students for the defendant pooling tasks), investigation report (report attached to Non-indicted 5's claim data for research allowances related to the algorithm development model, which expands the algos model, investigation report (report attached to the materials related to the research expenses for the advertisement specialization of the university), investigation report

1. A detailed statement of the settlement of research funds (execution), details of payment of personnel expenses for researchers by project, details of payment of personnel expenses for each researcher, resolution of research personnel expenses, details of transfer of research funds to research funds, disbursement resolution, other income, labor cost resolution, list of subjects, a standard agreement for each research and development task, a plan for payment of group of research participants and personnel expenses, a plan for supporting general research personnel in 2012, a plan for new research project-related documents for the first half of the regular research personnel support project in 2013, a plan for supporting general research personnel in 2013, a plan for the annual and actual results of support project for general research personnel in 2014, a plan for the annual and actual results

1. Each trading investigation council, past trading details investigation council, non-indicted 1 industry-academic cooperation foundation management guidelines, research and management guidelines, guidelines for the integration of student personnel expenses, guidelines for the management of student personnel expenses, guidelines for the integrated management of student personnel expenses for national research and development projects, regulations on the management of national research and development projects (Presidential Decree), guidelines for the integrated management of student students' personnel expenses, guidelines for the integrated management of national research and development projects, and manuals for pool management of student personnel expenses at ○○ University;

1. Other closure photographs of each Kakaox;

[In accordance with each evidence duly adopted and investigated by the court, the entity that entered into each research service contract is Nonindicted 1 Industry-academic cooperation foundation and Nonindicted 2 school foundation (hereinafter “industry-academic cooperation foundation, etc.”). The defendant is fully recognized as deceiving the above industry-academic cooperation foundation in accordance with the above industry-academic cooperation foundation’s guidelines for research expenses and the research management regulations for ○○○ Group, the guidelines for the integrated management of student personnel expenses for national research and development projects, the guidelines for the integrated management of student personnel expenses for national research and development projects (Ministry of Science, ICT and Future Planning), the guidelines for the integrated management of student personnel expenses, the guidelines for the integrated management of student personnel expenses for research and development projects (Presidential Decree), the guidelines for the integrated management of ○ University student personnel expenses, and the manual for the management of pool of student personnel expenses for ○○ University. In the industry-academic cooperation foundation, etc., it is prohibited from collecting and joint management of personnel expenses, and thus, it is recognized that the defendant deceiving the above funds by deceiving the aforementioned industry-academic cooperation foundation even if he had expressed his intention not to pay personnel expenses to the principal]

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 298 of the Criminal Act, Article 347(1) of the Criminal Act, and the choice of imprisonment in each case.

1. Aggravation for concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Order to complete programs;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Sentencing criteria;

1. Sex Offenses (sex Offenses)

[Scope of Recommendation] General Standard-based

【Special Convicted Person】

Second Crime (Fraud)

[Extent of Recommendation] General Fraud> Type 1 (less than KRW 100,000) > Basic Area

【Special Convicted Person】

* The scope of final sentence due to the aggravation of multiple offenses: 6 months to 2 years.

2. Determination of sentence;

The crime of indecent act by compulsion of this case is serious when considering the fact that the defendant, who is in the position of professor of university that requires high morality in the crime of fraud, was willing to collect and jointly manage personnel expenses without paying them to him/her, and the victim did not refuse or resist the victim due to the power relationship between the leading professor and graduate student, and was unable to continue the research conducted by him/her and received mental treatment as well as attempted suicide, etc. In addition, it is necessary to waive the goal of his/her life that he/she has been boomed by committing the crime of indecent act of this case. Nevertheless, it is difficult for the defendant to find out that he/she had no effort to recover the damage and there was no intention to do so. Even though the defendant, who is in the position of professor of university that requires high morality in the crime of fraud, acquired money exceeding KRW 92 million by deceiving the victimized institution by deception, etc. However, considerable part of the personnel expenses acquired by the defendant due to the crime of this case, etc. is considered as operating expenses for laboratories, etc., the defendant's age of criminal records and other character and behavior factors.

Where a judgment of conviction becomes final and conclusive on the facts constituting an offense subject to registration as stated in the Decision 2015Kadan1230, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43 of

In light of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage and expected side effects, the prevention and effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the disclosure order and notification order shall not be issued to the Defendant, given that there are special circumstances that may not disclose and notify personal information.

1. The summary of the facts charged (the part of the research on the algorithm of each wave/protection Agency, among the frauds);

As stated in the facts of the crime in the judgment of the Defendant, the Defendant, as stated in the "2015 Highest 2829", by deceiving a person in charge of Nonindicted Incorporated Association 3, and by deceiving the person in charge of the crime, he/she received the total sum of KRW 14,595,804 from Nonindicted Incorporated Association 3 on five occasions in total, as shown in the [Attachment 1] Nos. 34 of the crime sight table (1), Nos. 5 and 6 of the crime sight table (2), and Nos. 13 and 14 of the crime sight table (3).

2. Determination

According to each evidence duly adopted and investigated by the court, the research management rules of the ○○ University requires the Defendant to report the conclusion of the above contract to Nonindicted 1 Industry-Academic Cooperation Foundation in order to prevent the use of the budget in compliance with the research plan, such as personnel expenses, in order to enter into a private research and development contract with the private company, and to pay it upon receiving a claim for research expenses, etc. from the industry-academic cooperation foundation. The fact that the mother professor failed to report the conclusion of the contract in 2012 and was transferred to the Teachers Ethics Committee. However, according to each of the above evidence, it is acknowledged that the above research did not constitute an integrated management guidelines for the research and development project by Non-Indicted 8 Company on June 18, 2014 (the representative director from May 7, 2014, who was the Defendant, but the representative of the industry-academic cooperation foundation under the contract was non-indicted 16), and that the Defendant did not have any reasonable ground to recognize that the Defendant did not directly receive labor expenses from the private company, such as research and development project funds.

Therefore, since the above part of the facts charged against the defendant's fraud constitutes a case where there is no proof of crime, the defendant is acquitted under the latter part of Article 325 of the Criminal Procedure Act, and the summary of the above part of the acquittal is publicly notified under Article 58 (2)

[Attachment Form 5]

Lecture of judges

(1) The facts charged are indicated as “three stories of the above university,” but according to each evidence duly adopted and investigated by this court, the Defendant’s laboratory is recognized as located on the fifth floor of the engineering officer, and the above correction is deemed to have no particular impact on the Defendant’s guarantee of the Defendant’s right to defense, and therefore, it is so modified as above.

주2) 공소사실에는 “2014. 8. 8.까지”라고 기재되어 있으나, 이 법원이 적법하게 채택하여 조사한 각 증거 및 별지 긱 범죄일람표 기재 자체에 비추어 보더라도 2014. 8. 25.까지의 오기임이 인정되고, 위와 같은 정정이 피고인의 방어권 보장에 별다른 영향이 없다고 판단되므로 위와 같이 정정하여 설시한다.