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(영문) 서울중앙지방법원 2016.11.22 2016고정283
사기등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a professor of D University photographology.

around February 2011, the Defendant, at D University located in Seoul E, published a thesis “G” (hereinafter referred to as “I”) written by F, a graduate student enrolled in the course of a master’s and master’s degree course as the first author, as if he written by himself as his first author, and also published a thesis “I” written by F as the first author (hereinafter referred to as “second thesis”) in August 201. By doing so, the Defendant interfered with the publication of a thesis published by the publisher of the said academic journal by deceptive scheme as if he written by F as the first author.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Arrangement of related to the thesis;

1. Application of Acts and subordinate statutes submitting relevant data of the Research Ethics Committee;

1. Relevant Articles of the Criminal Act and Articles 314 (1) and 313 (Selection of Fine) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged by the Defendant, around February 1, 2011, at the D University located in Seoul E, and even though F was the first author of each of the above papers, as indicated in the facts constituting a crime, the Defendant, as if he were the first author of each of the above papers, was published in the above academic journal. On November 23, 2011 and December 5, 2011, the Defendant, at the D University’s Research Support Team of the Victim’s School Foundation, by deceiving the victim by applying for the payment of the subsidy for each of the above papers as if he was his performance, and then, around December 1, 2011, the Defendant received from the victim one million won under the pretext of the publication of the grant for the first thesis, including the grant for the publication of the second thesis, around December 27, 2011.

2. Determination

A. The support for the grant of the victim school foundation published by the defendant to publish the domestic academic paper.

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