Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Criminal facts

The Defendant is a private school manager who operates the “E kindergarten” in Da in the ethic City D.

Tuition fees and other money due shall be managed in a separate account with the revenue of school expenses accounts, and the private school manager shall not transfer or lend the revenue belonging to the above school expenses accounts to any account other than the expenditure of the school expenses account.

The Defendant received KRW 2,606,409,327, which falls under the school expenses accounts (tuition) in 2011 (from March 1, 2011 to February 2012), from one bank account under the name of the Defendant, and thus, managed it as a separate account and used it for the expenditure of the school expenses accounts, despite being used for the expenditure of the school expenses accounts, the Defendant transferred KRW 154,000,000 to the account under the name of H as the construction cost of the kindergarten established by the Defendant, and transferred it to another account.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on account transactions;

1. Article 73-2 of the Private School Act and Articles 73-2 and 29 (6) of the Private School Act concerning facts constituting an offense;

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

1. Although the amount of the Defendant’s income from the accounts of school expenses transferred for the reason of sentencing under Article 334(1) of the Criminal Procedure Act does not vary, considering the following factors: (a) the Defendant’s mistake is divided; (b) there are circumstances that may be taken into account in the course of committing the crime; (c) the Defendant fully repaid the amount of the Defendant’s transfer; (d) there is no record of criminal punishment other than the punishment imposed once by the fine; and (e) there is concern that the Defendant would be deprived of the position of the teacher or the head of the kindergarten if he is sentenced to imprisonment without prison labor or heavier punishment by the instant case, taking into account the Defendant’s age, character and conduct, environment, and circumstances after the crime