Iwanaga did not expect Kitahara's cross-examination to be so powerful. The key to identifying Morimoto's first corruption act was to prove to the court that the contract Morimoto declared to Kyoto University was false. And now, according to Kitahara, the contract

It is just inconsistent with the actual situation and is not a purely false contract. As a result, there is a huge room for debate as to whether Morimoto's behavior constitutes a crime.

In criminal proceedings, the proof of facts must be beyond reasonable doubt.

At present, this Kitahara has undoubtedly shaken the credibility of the prosecutor's office's evidence to some extent.

The female prosecutor Chigako next to her also frowned tightly, obviously finding the current situation extremely difficult.

Ikegami, who had been sitting on the prosecutor's seat, saw this scene, tilted his head slightly and said to Iwanaga, "Don't be fooled by this kid. Although he challenged the falsehood of the contract, he could not deny it in any case.

The fact that Morimoto used public research funds for personal consumption and enjoyment. As long as we firmly grasp this point, the court's evidence will not be shaken by this Kitahara."

Listening to Ikegami's slight nod, Iwanaga's mind was racing with how he should refute the defense lawyer's words.

However, just as the two prosecutors at the public prosecution table were concentrating on their thoughts, the defense lawyer once again faced the trial table and said: "Chief referee, now the defense attorney will express his cross-examination opinions on the second set of evidence."

In an instant, the lawyer was like a ferocious lion, biting at the prosecutors who had not yet reacted. An extremely huge pressure enveloped the prosecutor's seat.

"In this case, the prosecutor's office determined that the entire amount transferred from Asai Machine Tools Co., Ltd. to Morimoto's account was so-called embezzlement, which is also obviously inappropriate."

Kitahara said: "First, according to the "R&D and Manufacturing Cooperation Agreement" signed between Asai Machine Tool Co., Ltd. and the Faculty of Engineering of Kyoto University, Morimoto, as a part-time employee of an industrial and research enterprise, can obtain relevant scientific research funding awards in accordance with the agreement, as well as monthly,

Receive remuneration from industrial and research enterprises. According to the agreement, part-time employees of industrial and research enterprises can receive a total reward amount not exceeding 15% of the payment after each payment by the university in accordance with the contract. At the same time, the monthly salary amount is calculated separately and is not subject to payment.

15% limit on payment.”

"The prosecutor's office determined that all the amounts received by Morimoto's account from the company were corrupt funds, confusing legal work income with illegal corruption. In other words, even if we admit that Morimoto did commit corruption, the prosecutor's office must also classify legal work income as illegal corruption."

The income shall be deducted.”

"The defense lawyer is confusing right and wrong!" Hearing this, Iwanaga immediately stood up again and raised his voice: "First, as the prosecutor's office just claimed, the contract involved in the case was made up by Morimoto. Under the false contract, there is no

There is so-called legitimate income. All income is illegally obtained from public research funds."

"Secondly, the funds obtained by Morimoto were not withdrawn from industrial and research enterprises in the name of salary or scientific research funding awards. On the contrary, they were reimbursed through various corporate expenditures. This is inconsistent with what the defense lawyer claimed

The behavior of scientific research remuneration is completely inconsistent!”

Kitahara's tone was still as calm as ever. He looked at the three judges on the bench and said, "Chief judge. Because the National University Corporation is an extremely strict reviewer of labor remuneration expenditures for scientific research funds. This has resulted in the actual

In scientific research, most scholars receive remuneration for their services in the form of reimbursement."

Kitahara took out several thick booklets from behind his back, "Here are the reports from previous years when Kyoto University was audited by the Fourth Bureau of the General Administration of Accountancy and Inspection. These audit reports indicate that at Kyoto University, scientific researchers generally use miscellaneous expenditures

in the name of claiming labor remuneration. Of course, the audit report reiterated that these behaviors are violations."

"However, although these behaviors are violations, they do not rise to the level of crimes. Because even if these scientific researchers illegally obtain corresponding public funds, what they claim is still their legitimate labor income!"

The defense lawyer seemed to have endless ammunition to pour out on the prosecutor, and he was heard to continue: "At the same time, even if the amount transferred to his account exceeds Morimoto's legitimate income, it should not be taken for granted as embezzlement.

.We must further track the use of his funds before we can determine whether Morimoto has the purpose of illegal possession."

In the courtroom, the young male lawyer once again showed an A4 piece of paper to the judges present, "The chief referee. The defender is now showing the external transfers from Morimoto's account. After Morimoto received the money from the club,

He then transferred most of the funds to the public accounts of 46 clubs. After inquiries by the defender, it was found that all 46 clubs were industry-research cooperative enterprises."

"That is to say -" Kitahara continued, "even if the defendant Morimoto had defrauded public funds, the funds he had defrauded were again invested in the use of other industrial and research enterprises. In fact, this behavior only

This is just a common violation of the use of university scientific research funds, rather than a criminal act. In university scientific research, due to strict fund supervision, Project A has a surplus of scientific research funds, while the scientific research funds of Project B are tight. In this case

In this case, out of convenience considerations, scientific researchers will also use the scientific research funds from project A for the research and development of project B."

"Although this kind of behavior violates the regulations on the use of scientific research funds, it should not be punished as a crime. The final use of the funds is still university research. Therefore, Morimoto should not be found to have illegal possession purposes."

As soon as he finished speaking, Iwanaga's angry voice was heard to retort: ​​"The defender is misleading the court again! Morimoto's transfer of funds to other industry-research joint ventures can never be considered as investing the withdrawn funds in other companies.

In the scientific research project, Morimoto was just using a roundabout way to swindle public research funds to cover up the illegality of his actions. The funds he transferred to other companies were again swindled through Morimoto's same tactics.

Take it out. Therefore, what the defense lawyer said is inappropriate!"

"If the prosecutor insists on this opinion." In an instant, Kitahara's expression became gloomy, "Then ask the prosecutor's office to investigate the use of funds transferred to other industrial and research enterprises! Regarding the funds for Morimoto's first corruption act

The only evidence of the flow is the bank transaction records between Asai Machine Tools Co., Ltd. and Morimoto.”
Chapter completed!