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(영문) 서울북부지방법원 2017.04.20 2016고단5708
사기
Text

Defendant

A and B shall be punished by a fine of 20,000,000 won, and Defendant C shall be punished by a fine of 10,000,000 won.

The defendants are the defendants.

Reasons

Punishment of the crime

[2] Defendant A was employed as the president of H University in Seongbuk-gu, Seoul from March 2002 to February 201, 201, and Defendant B was employed as the head of H University I from November 1, 1985 and served as the head of H University I from around 2005 to April 2015. Defendant C was employed as the head of H University I from around 1996 to around 2006.

H University I received from the Korea Research Foundation on November 2007 “K” research projects related to J projects (hereinafter “the instant research project”). From around that time to August 2017, H University I received research expenses from KRW 1 billion to KRW 1.5 billion each year, and the H University Industry Industry-Academic Cooperation Group (hereinafter “victim Industry-Academic Cooperation Group”) received from the Korea Research Foundation in a lump sum payment of the said research expenses and received requests from H University I for the payment of research expenses, such as purchase of machinery and materials.

[2] In order to raise employee encouragement, event expenses, etc. while operating H University I, the Defendants: (a) as if they purchased equipment related to the instant research project from L, T, M, N, andO located in the vicinity of H University, filed a claim for the payment of research expenses on the part of the injured party M, M, N, andO by receiving the electronic tax invoice and transaction statement as if they purchased the equipment related to the instant research project; and (b) the said companies received research expenses from the injured party M, M, N, andO from the M, the Defendants conspired to receive the research expenses by receiving the remaining money after deducting 14% or 16% from the research expenses paid for excessive appropriation and payment as taxes, fees, etc.

1. On January 208, the Defendants jointly committed the crime: (a) around H University I prepared a tax invoice, a transaction statement, etc. as if they purchased equipment in excess of KRW 570,000,00, compared to the purchase price of equipment actually necessary from L, who is the Seodaemun-gu business at H University I; and (b) submitted it to the injured party.

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