(영문) 춘천지방법원 2016.1.14.선고 2015고단648 판결

2. If the defendant does not pay the above fine, he shall be confined in a workhouse for the period calculated by converting 100,000 won into one day.

3. An order to pay the amount equivalent to the above fine shall be issued;

Reasons

Criminal facts

From August 2003, the Defendant is a professor working in the department of veterinary science at the D University from around August 2003, and from around April 20, the Defendant served as the E-Research Institute at the aforementioned university.

1. Fraud of research service cost;

While working as the E-Research Institute of the above university, the defendant generalized the overall tasks of each service, such as gathering a number of projects requested by the victim D University Industry-Academic Cooperation Foundation from the government department, local governments of various levels, etc., and claiming and executing the project funds from the implementation thereof to the victims.

On the other hand, on April 201, the victim received a request from the National Veterinary Research and Quarantine Service to perform a "F" task equivalent to KRW 98 million from the National Institute of Veterinary Research and Quarantine and implemented it, and the government, its affiliated organizations, etc. received 19 research services and 6 joint research tasks from the Defendant, who is the task manager, respectively.

The victim received research services from each ordering agency, such as the government department, and entered into related contracts, received project funds, managed the project funds, and executed the project funds if the relevant professor, such as the researcher, requests the payment of research funds along with evidential documents, and managed the above research services by receiving project funds from the ordering agency, such as the department department, etc.

The Defendant registered a part of business funds, such as personnel expenses, as a researcher, with a false registration of a faculty member of the veterinary department and a design department or G as a researcher, required the participating researcher to open an account for receiving personnel expenses in a new bank, and required him/her to submit a cash card, such as personnel expenses, etc., and entered the personnel expenses and travel expenses paid in the name of the researcher participating in each research service task into the D University Research Information System as if the researcher participated in the performance of each research service task, and, as if the researcher did not participate in each research service task, he/she saved the personnel expenses and travel expenses, etc., of the above details of the research cost and travel expenses, and then, upon receiving the victim’s request for approval from the victim, he/she received the funds from the researcher’s name who was managed by him/her in advance as the passbook of the researcher’s name, and received the funds from the researcher by means

Around May 5, 2011, the Defendant requested the D University E Research Institute located in Chuncheon-si H to grant approval by entering, storing, and allowing the aforementioned D University E Research Institute in a research information system as if the Defendant participated in “F” from the National D University E Research Institute, which was awarded by the National D Institute for Animal Science Quarantine. However, some of the above D Research Institute did not participate in the above research task, and even the actual participating researchers did not intend to pay the full amount of each personnel expenses and travel expenses submitted as above, the Defendant, despite having no intention to directly approve the payment of personnel expenses and travel expenses of the D University E Research Institute, had the victim enter the details of the above D University E Research Institute E, N, and0, a person in charge of the joint research task, or to deposit the victim’s expenditure and travel expenses with the personal account of the Institute, such as F, etc.

On May 2011, the Defendant: (a) by deceiving a victim as such; and (b) received KRW 2,068,361 from the victim’s new bank account on May 20, 2011; and (c) received KRW 2,068,361 from October 15, 2010 to September 29, 2014, totaling KRW 114,375,919 (the amount excluding KRW 112,295,920, which was actually paid as personnel expenses out of KRW 226,671,839, which was actually paid as personnel expenses of KRW 112,295,920).

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

2. Acquisition of administrative internship scholarships and scholarships;

On March 2014, when the Defendant was in office as the head of the D University E-Research Institute, he was issued a public notice from the D University to the effect that he would select a person who will receive administrative internship scholarships in the year 2014,000 won per month in relation to the assignment of administrative internship scholarships.

On March 4, 2014, the Defendant: (a) at the D University E Research Institute of D University on March 4, 2014, the victim selected a design department G as an administrative internship scholarship student in the first semester in the year of 2014 and notified the list; and (b) on April 3, 2014, the Defendant applied for a scholarship payment to a new bank account in the name of G in the name of G that the Defendant had kept in his/her usual custody by submitting a report on work for an administrative staff member at the E-Gu office on April 3, 2014; and (c) on the same day, the Defendant applied for a scholarship payment to G by means of a new bank account in the name of G that he/she had kept in his/her usual custody. However, the Defendant did not wish to pay the full amount of the scholarship even if the scholarship was deposited to the new bank account in the above G name. The Defendant received 280,000 won from the victim to the new bank account (P) under the name of G from July 11 of the same year.

A person shall be appointed.

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

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the details of each account transactions with Q, R, J, S, K, G, and T;

1. Each police statement of U, Q, R, J,J, T, S, K, G, L, W, and X;

1. Business registration certificate;

1. Full certificate of the registered matters;

1. A criminal investigation report (the statement made by the graduate undergraduate I and the statement made by him/her shall be recorded in a CD;

Attachment Report)

1. A work report for each affiliated agency, administrativeton;

1. Submission of business reports on affiliated agencies, administrative internships;

1. A report on the service of affiliated agencies, administrative internships;

1. The disbursement of administrative internship scholarships by March, April, May, and June, of the year 2014; and

1. Assignment of administrative internship scholarships for the first semester of year 2014;

Application of Statutes

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

Article 347(1) of the Criminal Act (amended by Act No. 347(1), comprehensively, of fraud about research service costs), Article 347(1) of the Criminal Act (amended by Act No. 347(1) of the Criminal Act (amended by Act No. 1006

1. Aggravation for concurrent crimes;

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

1. Detention in a workhouse;

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

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Reasons for sentencing

The Defendant, as a professor of D University, acquired the total cost of KRW 15 million for a period of four years or more even after high level of integrity and morality, and, in particular, registered I as the researcher even though he did not have any participation at all as the researcher, and then received KRW 26 million from the new bank account in the name of I by claiming labor cost and travel equipment to the victim D University Industry-Academic Cooperation Foundation.

① The Defendant committed the instant crime with an integrated management of personnel expenses due to the stable payment of personnel expenses to students, necessity for the operation of laboratories and other factors. The Defendant: (a) partially considered the motive or circumstance; (b) provided most researchers with labor costs and incentives; or (c) used money for laboratory operation expenses; (b) the Defendant’s personal use of the money for the Defendant’s residence as a total of KRW 14,80,000; (c) the Defendant’s payment of the total of KRW 6,053,09; and (d) the total amount of KRW 20,000,000 to the restaurant or hospital with a string card of college students Q, etc.; (b) it appears that the Defendant continued to have been subject to a disciplinary decision by the Defendant for 10 years from January 16, 2015 to December 2, 2015; and (d) it appears that the Defendant had faithfully obtained the total amount of money to the victims during 15-year research and development of the instant college.

The punishment shall be determined by combining them.