A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

The Defendant is a person who has been in charge of accounting duties at C Private Teaching Institutes operated by the Victim B from July 28, 2007 to November 19, 2010.

On January 30, 2010, the Defendant received tuition fees and teaching materials expenses of KRW 345,00,000 paid in cash from C private teaching institutes operated by the injured party in Gangseo-gu Seoul Metropolitan Government, and used them for personal purposes for the injured party without paying them to the injured party during his/her duties on behalf of the injured party as well as arbitrarily using them for his/her personal purposes, from November 19, 2010, the Defendant embezzled the total amount of KRW 21,040,000 received from the private teaching institute students on 63 occasions every time until November 19, 2010, without paying them to the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigative reports (Presentation of evidentiary data and attachment of a list of offenses), - Application of Acts and subordinate statutes of a copy of the chapter;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Articles 25(1), 31(1), 31(2), and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning Compensation Orders and Sentence of Provisional Execution, shall be determined, taking into consideration the various circumstances that led to the Defendant to the instant crime, including the background leading up to the instant crime, the amount of embezzlement, the method and means of committing the crime, the records of the crime (one time before and after the punishment), the circumstances after the crime, and other conditions attached to sentencing, such as the Defendant’s age, sexual behavior, and family environment.