(영문) 대전지방법원 2020. 1. 9. 선고 2019고단1868 판결

From September 201, the Defendant served as C University Computer Engineering and Contract Faculty in Daejeon-gu B from September 201 to September 201, and performed a large number of research tasks as a person in charge of research and development projects, and took overall charge of the implementation of the tasks and the claim and execution of all necessary research costs according to the research plan.

According to the Science Promotion Act, the Enforcement Decree of the same Act, the Regulations on the Management of Research and Development Projects in the Private Sector under the jurisdiction of the Ministry of Education, and the Guidelines for the Management of Research and Development Projects in the Cuniversity Research Foundation, etc., the Cuniversity Industry-Academic Cooperation Foundation shall receive research services from each ordering agency, such as government departments, etc., enter into related contracts, collect project funds, and manage them.

In addition, according to the above provisions, since the purpose of use by item of research expense is strictly specified, it shall not be used for the specified purpose. Furthermore, the personnel expenses for students paid to the student researcher shall be directly paid to the relevant student from the Cuniversity Industry Cooperation Foundation, which is the research expense management department, at the request of the person in charge, and it is strictly prohibited to entrust the financial account, etc. of the student research institute to the person in charge of research in order to secure transparency

Nevertheless, the Defendant claimed as if he had no intent to pay the full amount of the personnel expenses of the student researchers who participate in the actual research task while carrying out various research tasks, and then had only part of the personnel expenses paid to the student researchers, paid to the student researchers, and received the head of the Tong or the physical card from the student researchers and received the rest of the personnel expenses of the student researchers.

On May 17, 2014, the Defendant: (a) at the Defendant’s laboratory located in the pertinent CK, the Defendant had the intent to arbitrarily use some of the funds out of the personnel expenses of the students paid to the student researcher by using a physical card connected to the account of the student researcher D; (b) under the presumption that the Defendant would pay the full amount of the personnel expenses of the student researcher D; (c) the Defendant filed a claim for the payment of the student personnel expenses with respect to the research task E, a person in charge of research with respect to the research task E with respect to the name of the victim CK Industry Cooperation Foundation, and then received KRW 1,912,00 from the victim via the F Bank account (Account Number: G) in the name of the student personnel expenses in the name of the victim on July 15, 2014; and (d) received KRW 11,268,011 from that time through the same method until February 7, 2017.

Accordingly, the defendant was given property from the victim by deceiving the victim.

Summary of Evidence

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

1. Each police statement made to H, L, and I;

1. Written Statement;

1. Details of resolution by the Anti-Corruption and Civil Rights Commission;

1. Present status of execution of research tasks and submission thereof;

1. The current status of implementation of research tasks by A professor;

1. Status of payment of personnel expenses for each research task;

1. Details and details of each financial transaction;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. Applications for participating researchers;

1.Each investigation report;

1. Guidelines for managing research expenses of the C University;

Judgment on Defendant’s argument

1. Summary of the assertion

The Defendant paid not only the intention to obtain by deception on the personnel expenses of student researchers, but also the personnel expenses to the student researchers.

2. Determination,

The following facts or circumstances acknowledged by the evidence, i.e., (i) the personnel expenses of a student researcher paid to the student researcher, and (ii) the Defendant received a physical card from the student researcher and managed the funds account of the student researcher, etc., (ii) the Defendant applied for the personnel expenses of the student researcher as if the total personnel expenses were paid to the student researcher; (iii) the Defendant voluntarily paid part of the personnel expenses to the student researcher by withdrawing the funds from the student researcher with the physical card, etc. managed by the Defendant; and (iv) even if the Defendant partially paid the funds to the student researcher, it does not indicate that the full amount of the expenses was not paid and paid; and (v) the Defendant’s application for the personnel expenses of the student researcher was not reasonable and reasonable at the time of the refund of part of the personnel expenses from the student researcher’s personnel expenses.

Therefore, the defendant's assertion is not accepted.

Application of Statutes

1. Article applicable to criminal facts;

Article 347(1) of the Criminal Act; Selection of fine

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

Reasons for sentencing

Along with the fact that the amount of damage caused by the instant crime exceeds KRW 100,000,000, the damage has not been recovered properly, the Defendant did not reflect on the instant crime, and the amount equivalent to the amount of damage caused by the instant crime appears to have been actually paid to the student research institutes and students. The Defendant did not have any previous conviction, and the Defendant did not have any previous conviction, and the Defendant has been living relatively in good faith during that period, together with favorable circumstances, such as the Defendant’s occupation, age, character and conduct, and environment, and all of the sentencing conditions shown in the instant records and arguments, such as the Defendant’

Judges

Judges O Young-young

Site of separate sheet

List of Offenses

참조조문

유사 판례

-대전지방법원 2020.01.09 2019고단1868

-서울북부지방법원 2018.11.09 2018고단2652

-서울북부지방법원 2020.09.10 2020고단610

-서울북부지방법원 2018.01.12 2017고단2386

-서울북부지방법원 2020.09.24 2020고단2535