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(영문) 대전지방법원 2019.01.23 2018고단2334
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

As a professor of Buniversity electronic engineering and teaching, the Defendant is a person selected as a person in charge of research and development projects in 2010 (hereinafter “D”) and “E” in 2015 (hereinafter “E”) as a person in charge of research and development projects managed by C, a victim foundation corporation, as a person of research and development projects managed by C, and has overall control over all the details of the instant research project.

On September 2010, the Defendant agreed that, in the research institute of the Defendant located in the Seo-gu, the Defendant would use research and development funds for purposes other than the original purpose, or jointly manage or use them by collecting the personnel expenses of research assistants, such as students, etc., from the victim’s application for research project in the year 2010.

However, in fact, the Defendant submitted a research and development plan, etc. to be a research assistant who did not participate in the research of the above research project, and recovered the personnel expenses to be deposited into the bank account in the name of the student, and did not intend to pay the personnel expenses for the research project normally to the research assistant.

On September 23, 2011, the Defendant received 382,400 won from the victim as personnel expenses for research project in 2010, from G post offices under the name of G, a student of the Defendant’s laboratory, who did not participate in the research assistant as a research assistant, in the same way. From September 23, 2011 to March 17, 2017, the Defendant acquired 67,689,970 won through 216 times in total under the name of personnel expenses for the research project in 2010 and the research project in 2015, as shown in the attached Table of Crimes List.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness H, I, J, and K;

1. Each police statement on L, M, G, N,O, and P;

1. Investigation report (as to the summons and investigation of researchers who did not make a statement)

1. e-mail survey and answer materials ( Q, R, S, T);

1.Each investigation report.

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