A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant, from June 200 to March 2016, had been engaged in counseling duties and receiving tuition fees from “EAAD” operated by the victim D in Chuncheon City C and the fourth floor as an instructor of social subjects, and has been engaged in counseling duties and receiving tuition fees from the early police officer of 2010 to the end of 2016.

1. On July 201, 201, the Defendant used 290,000 tuition fees paid by F, a student, at the office of the pertinent private teaching institute on behalf of the said victim for the said victim’s occupational embezzlement. Around that time, the Defendant spent 29,000 tuition fees for personal use, such as living expenses, at the daily center in Chuncheon City.

In addition, from around that time to April 11, 2016, the Defendant spent 56,861,000 won in total over 214 times, such as arbitrarily consuming the amount received as tuition fees of the pertinent private teaching institute as shown in the attached list of crimes, or consuming the tuition fees by receiving deposits from the Agricultural Cooperative (Account Number: G) in the name of the Defendant.

Accordingly, the defendant embezzled the victim's property.

2. On January 1, 2016, the Defendant, at the foregoing private teaching institute office office, was in custody for the victim upon request from I in charge of receiving tuition fees of “H”, which is the other private teaching institute office operated by the victim, and received KRW 400,000 from the victim. At that time, the Defendant used the money for personal purposes, such as living fees, according to his mind at the daily center in Chuncheon City.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to the prosecution assistant officials D and the J respectively;

1. The application of the Acts and subordinate statutes on counseling day and tuition list;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356, 355 (1) ( point of occupational embezzlement) and 355 (1) ( point of embezzlement) of the Criminal Act, the choice of imprisonment with prison labor;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The range of recommending punishment according to the sentencing guidelines [the type of crime] embezzlement of less than KRW 100 million.