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(영문) 서울서부지방법원 2019.04.29 2018고단4424
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From 197 to 1997, the Defendant is a person who served as a professor with mechanical engineering and professor at B University.

The Defendant, as a person in charge of research and development projects conducted by the Ministry of Health and Welfare from around 2012 to around 2017, has been supported by a total of 34 national research and development projects, including C, etc., in an amount equivalent to KRW 3,481,857,070.

An industry-academic cooperation foundation for victim B university (hereinafter referred to as "victim B university industry-academic cooperation foundation") shall enter into an agreement with the government departments, such as the Ministry of Health and Welfare, various industrial organizations, etc., to conduct research projects, and shall have the professors, etc. belonging to B university perform the relevant research projects after paying or receiving subsidies for research expenses, etc. from the above foundations, and settle the balance of the research expenses and return the funds to the above foundations, etc., if any, and the research expenses shall not be used for any purpose other than the original purpose, and personnel expenses out of the research expenses shall not be paid to the individual account of the participating researchers, and joint management by the participating researchers

Even if personnel expenses are paid to each researcher’s account in the course of conducting various research projects through the victim industry-academic cooperation foundation, the Defendant did not pay them to the relevant researcher, and received and managed a passbook and cash card in the name of the researcher from the researchers affiliated with the Defendant’s laboratory since 2008 to directly manage and use them.

On February 2, 2012, the Defendant applied for the payment of the relevant personnel expenses to the F Bank account in the name of E, if the full amount of personnel expenses is paid directly to E, who is a researcher of the Defendant’s laboratory, in relation to the “C” research task performed by the Defendant to the victim-academic cooperation foundation affiliated with the Seoul Mapo-gu University.

However, the defendant is guilty.

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