The sentence of sentence against the defendant shall be suspended.

Punishment of the crime

The Defendant, from around December 8, 2013, served as the president of a victim D University operated by a school foundation C from around December 8, 2013, is a person in charge of operating the school by keeping, managing, and executing income belonging to the educational affairs and accounts of school expenses of the said university.

Revenues belonging to the school expenses accounts mainly consisting of the enrollment fees of students shall not be transferred or lent to other accounts, and the expenditure of the school expenses accounts shall be used as expenses directly necessary for school education, and shall not be used for any other purpose.

Nevertheless, on August 18, 2014, the Defendant transferred five million won to the Busan bank account in the name of the law firm H, where the professor F of the above university was tried for a criminal case of violation of the Copyright Act (case number 2014, 1029, Busan District Court 2014, case number 2014, case number 1029) at the D University located in Busan, and the Plaintiff appointed G attorney as a defense counsel and paid the appointment fee from the accounting of the above university.

As a result, while the defendant kept school expenses of the victim in his/her duties, he/she embezzled it by means of spending it for other than direct expenses necessary for school education, and transferred income belonging to school expenses accounts to other accounts.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Each police statement made to I, J, and K;

1. Application of Acts and subordinate statutes to a report on investigation (attached to a site, etc. for which no defense counsel is appointed);

1. Articles 356, 355 (1) (the point of occupational embezzlement) of the Criminal Act and Articles 73-2 and 29 (6) (the point of exclusive use of accounts for school expenses) of the Private School Act concerning criminal facts;

1. Article 40 and Article 50 of the Criminal Act (Supreme Court Decision 2002Do389 Delivered on August 23, 2002)

1. Selection of an alternative fine for punishment;

1. A fine not exceeding one million won to be suspended;

1. Articles 70 and 69 (2) (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the suspended sentence of sentence of the Criminal Act (the Defendant’s attacked against the truth of the instant crime, and the Defendant’s appeal at present.