A defendant shall be punished by imprisonment for three years.

Criminal facts

[2014 Highest 2177] The Defendant is a professor of the Machinery System Engineering Department of Nuniversity.

A person who intends to conduct or participate in a national research and development project shall prepare a research and development plan stating the necessity for research and development, details of research and development expenses including personnel expenses, etc. and apply for a research and development task to the head of a central administrative agency or the head of a specialized institution. The head of a central administrative agency may organize the items of research and development expenses as direct and indirect expenses and contribute all or part of them. A person in charge of research and development shall not use research and development expenses for purposes other

The Defendant: (a) around April 2007, at the Defendant’s laboratory located in the Seoul Special Self-Governing City’s Office, the research institute participating in the national research and development projects in order to acquire personnel expenses paid to researchers in relation to the “P” national research and development projects differently from its original purpose; (b) as if the researchers did not participate in the national research and development projects in the name of the researchers to whom the personnel expenses are deposited, and (c) as if the researchers were to have paid only a part of the personnel expenses or not paid at all, the Defendant: (a) prepared an application for national research and development projects and plans for national research and development projects, etc. to the researchers, and submitted them to the person in charge of the Korea National University Industry-Academic Cooperation Foundation, which keeps the research and development projects, including personnel expenses, from July 27, 2007 to February 5, 2008.