All appeals filed by the defendant and prosecutor are dismissed.

1. The scope of the judgment of the court below in this case sentenced the Defendant not guilty on the embezzlement of occupational duties among the facts charged in this case, and sentenced the Defendant guilty on the violation of the Private School Act. Since the Defendant and the Prosecutor appealed on the part of the judgment of the court below on the grounds of unfair sentencing as follows, the part of the judgment of the court below not guilty

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. Considering the fact that the Defendant committed the instant crime in violation of the Private School Act (hereinafter “the instant crime”), the Defendant reflects the Defendant’s mistake in depth while committing the instant crime, and did not commit the instant crime for the purpose of repaying considerable money according to the order to recover, or promoting personal amnesty, the sentence of the lower court is too unreasonable.

B. Considering that the nature of the crime, such as the amount of tuition exclusively used by the Defendant by the prosecutor is not less than KRW 600 million, and that the tuition exclusively used by the Defendant has been reverted to the interest of the Defendant, the above sentence of the lower court is deemed unreasonable rather than that of the Defendant.

3. Determination

A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.

In light of the above legal principles, the court below sentenced the defendant to the above punishment on the grounds of sentencing as stated in its reasoning. The circumstances alleged by the defendant and the prosecutor are already considered in the court below's determination of punishment and sufficient consideration.