2012 Highest 189 Fraudulent, Occupational Embezzlements

(1) University professors

residential Chuncheon-ro (Dong, apartment)

Standard place of registration Chuncheon Dong-si, Do-ri

Head-dong (prosecutions) and Mediation Uniforms (Trial)

Attorney Lee Jae-sung

July 12, 2012

Defendant shall be punished by a fine of KRW 10,00,00.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period converted by 50,000 won into one day.

In order to order the provisional payment of an amount equivalent to the above fine.

Facts of crime

From March 2004 to March 2004, the Defendant is a public official who is a professor in the Korean language of a university located in Chuncheon City 2 Dong 1.

From March 12, 2009, the Defendant was appointed as the president of the Human Research Institute of Humanistic Science (hereinafter referred to as the "Human Research Institute of Humanistic Science") affiliated with a university and held office on November 1, 2007, as the research period requested by the Ministry of Education, Science and Technology on November 1, 2007, 10 years, and the total service cost of 19 billion won as the research institute of the Korean Human Research Institute of Humanistic Science and Technology (hereinafter referred to as the "Korea Human Research Institute of Humanistic Science and Technology"), and held office concurrently as the responsible professor (one chairperson), who is the research institute of the Korean Human Research Institute of Humanistic Research and Development (hereinafter referred to as the "Research Institute of Humanistic Science and Technology").

The Defendant, who is appointed as the head of the Human Science Research Institute and the responsible professor of the Humanistic Korea Business Association, was in charge of the administration of the budget of the said business and controlled part of the annual research and indirect expenses for personal use different from the original purpose. In order to obtain a false tax invoice of an amount less than the amount actually purchased from the customer in the course of purchasing various office supplies or fixtures used by the said business entity, issued a false tax invoice without any transaction of goods, and then requested the employee of the business entity-academic cooperation foundation who is aware of the fact to file a claim for the price of related goods with the aforementioned false tax invoice, by allowing the employee of the business entity-academic cooperation foundation who believed the fact to be true to pay the price of the goods as requested by the said business entity, and by receiving a refund equivalent to the difference from the transaction partner.

In addition, in order to capture the operating expenses of the Human Research Institute of Literature, the Defendant had the above Kim Kim in such a way as above deducted the research expenses, etc., and had the mind to change his/her direction.

1. Fraud;

A. On January 18, 2010, the Defendant: (a) purchased phrases equivalent to KRW 971,050,050 from the main place of business of the Seodaemun-gu University headquarters of the second floor of the university located in Chuncheon-si, 201; (b) issued a false tax invoice stating the amount of goods as if he purchased phrases equivalent to KRW 1,951,050; and (c) attached a false tax invoice to the “relevant “an application for the payment of research expenses”; (d) filed an application for the payment of research expenses with the employee in charge of the industry-academic cooperation foundation; (e) had the employee in charge transfer the amount of KRW 1,951,050 to the bank account (Account number: 150-1500); and (e) received a refund from the said employee around January 209, 2010, the difference of KRW 1,950.

In addition, the Defendant, from October 28, 2009 to August 2, 201, by deceiving an industry-academic cooperation foundation for victims in the same way, and received a total of KRW 13,300,000 on nine occasions as indicated in the attached Table 1, as shown in the victim list.

B. At the same place as the above A on January 12, 201, the Defendant issued a false tax invoice as if the amount of KRW 600,000 was spent for the production of posters for publicity of the monthly academic conference organized by the said Human Korea Foundation, and filed an application for research expenses in the same manner as the above A, and then filed the application for research expenses with the victim’s staff members in charge of the industry-academic cooperation foundation (- 02 - 02 - 00,000 won was remitted to KRW 1,50,000,000.

In addition, the Defendant, from that time to December 12, 201, by deceiving the victim industry-academic cooperation foundation by the same method, received a total of KRW 15,200,000 through seven times, as shown in the attached Table 2, as the victim’s list.

C. On January 20, 201, the Defendant: (a) around the same day; (b) around December 17, 2010, at the place of the foregoing paragraph; (c) around December 17, 2010, the Defendant provided the Defendant’s cultural lectures to the students on cultural lectures; and (d) paid KRW 896,00 with the physical card, the Defendant was attached to the 2nd university or the 2nd university or the 2nd university or the 2nd university or the 2nd university or the 2nd university or the 2nd university or the 2nd university or the 2nd university or the 2nd university or the 2nd university or the 2nd university or the 2nd university or the 2nd university or the 2nd university or the 2nd university or the 2nd university or the 2nd university or the 2nd university or the 2nd university or the 3nd university or the 2nd university or the 2nd university or the 2nd university or the 3nd university

2. Occupational embezzlement;

From March 12, 2009, the Defendant served as the president of the said Human Research Institute and has been engaged in overall control over the management and enforcement of the budget set in the Human Research Institute.

A. On September 29, 2009, the Defendant had the above Kim issued a false tax invoice of KRW 6,600,000 from the above Won to the office of the Human Research Institute for the Republic of Korea, and had the victim spent 2,80,000 for personal use after being issued the budget of the Human Research Institute for the Republic of Korea. The facts were, despite the demand of KRW 3,80,00,00 for the printing price of KRW 22 for the Human Scientific Research published by the above Research Institute, the Defendant embezzled the above Kim to obtain a false tax invoice of KRW 6,60,00,000 from the above Won, and then embezzled the above KRW 1,80,000 from the above Won to the "related expenditure resolution" - 00,000,000,000,000 for personal use.

In addition, the Defendant embezzled KRW 13,200,000 at his own discretion for personal use, such as the Defendant’s futures cost, while keeping the budget of the said Human Science Research Institute for the Republic of Korea for the victim from September 29, 2009 to October 17, 201.

B. On October 12, 2009, the Defendant received a false card sales slip of KRW 989,000 from the owner of the above restaurant business in his name and received 989,000 from the owner of the above restaurant business without the fact that the Defendant provided the above meals at the same place as the above paragraph (a) around October 12, 2009, the Defendant arbitrarily used KRW 850,000 after deducting KRW 139,000 in the name of the value-added tax from the above owner of the business as the Defendant’s bank account (100 - - 9) under the name of the Defendant.

As above, the Defendant embezzled KRW 989,00,00 for personal use while keeping the budget of the Human Research Institute for the Republic of Korea for the victim.

C. On June 8, 2011, the Defendant: (a) received a false tax invoice as if he/she paid the above amount from an indoor constructor’s owner of a business; (b) sent the said amount to the bank account (10 -) in this name on June 9, 201; and (c) received 3,00,000,000 won after deducting the pertinent value-added tax amount from the above 3,00,000,000 won for the purpose of personal use, on the same day.

As a result, the Defendant embezzled KRW 3,300,00 for personal use while keeping the budget of the Human Science Research Institute for the victim in the course of performing his/her duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of his/her current status, police officer, and Kim Jong-soo;

1. A statement prepared under this Act (Investigation Records No. 1087);

1. A written decision on expenditure, details of use of a corporate card (75 pages of investigation records);

1. Chapter 4 of the card sales slip (the investigation record No. 78 pages);

1. Two copies of bankbooks of the bank in the name of Kim (Account Number: 461 pages of investigation records);

1. One copy of the account ((b) in the name of the member) - One copy of the details of the financial transaction (Investigation Records No. 550 pages);

1. A bank account in the name of Kim - A bank account (a copy of investigation records, No. 57);

1. One copy of the details of financial transactions in the name of the bank in the name of the modern scientific research institute (the investigative record No. 564 pages);

1. One copy of the bank account (in the name of the bank account).

1. A copy of the account in the name of Kim - a bank (the details of transactions) (the investigative record No. 747 pages);

1. Reporting on confirmation of the provision of additional cash to the representative members of the “is publication of books” (Investigation Records No. 790 pages);

Application of Statutes

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

Article 347(1) of each Criminal Code (the point of fraud, the choice of each fine), Articles 356 and 355(1) of each Criminal Code (the point of occupational embezzlement, the choice of each fine)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of Concurrent Crimes of Occupational Embezzlement with Punishment)

1. Detention in a workhouse;

Articles 70 and 69(2) of the Criminal Act

1. Order of provisional payment;

In light of the fact that the defendant, who is a university professor of the reason for sentencing of Article 334(1) of the Criminal Procedure Act, has been socially respected and should show a moral good example corresponding to the above, has committed the crime of this case repeatedly over 20 times for more than 2 years while operating the budget of research funds, etc., and the defendant has committed the crime of this case repeatedly for more than 20 years. In addition, in light of the fact that the amount acquired by the defendant through the crime of this case is equivalent to 29 million won and the amount embezzled is equivalent to 17 million won, it is not enough to commit the crime of this case.

However, the defendant reflects the crime of this case, and there is no particular criminal history except for two times of fine, and the defendant paid 47 million won, which is the amount obtained by deceit or embezzlement, to the Foundation of University Development Fund, in the form of donation, made efforts to recover the damage by paying the amount of 47 million won, which is equivalent to the amount obtained by deceit or embezzlement, to the Foundation of University Development Fund, and all other circumstances that are conditions for sentencing, such as the defendant's age, character and conduct and environment, shall be considered and sentenced to the same sentence as the order.

Judges Lee Jin-hee -