The defendant's appeal is dismissed.

1. The determination that Article 29(6) of the Private School Act is a violation of Article 361-5 subparag. 1 and subparag. 11 of the Criminal Procedure Act merely because the fact that the account was transferred from the summary of the grounds for appeal (violation of law and unreasonable sentencing) account to the Defendant’s personal account is a violation

The determination of punishment (2 million won) is unreasonable.

2. Determination

A. The crime of violating the Private School Act under Article 73-2 and the main sentence of Article 29(6) of the Private School Act regarding the assertion of statutory violation is established when the income or property belonging to the school expenses accounts is transferred to other accounts or lent to other accounts.

From April 7, 2016 to November 25, 2016, the Defendant used 11,965,700 won from the accounts of school expenses for personal purposes.

This constitutes a violation of the Private School Act by transferring income belonging to school expenses accounts to other accounts.

After recognizing facts based on evidence, such as Defendant’s statement in court, the lower court determined that the facts constituting an element under Article 73-2 and the main sentence of Article 29(6) of the Private School Act.

The judgment of the court below does not contain any error of law by failing to attach the reason for the judgment or by violating the law, which affected the judgment.

B. As to the assertion on unfair sentencing, the lower court sentenced a fine of KRW 4 million less than that imposed on summary charges (a fine of KRW 4 million).

Punishment was determined by considering the amount of specialized education expenses, the amount of specialized education expenses, whether specialized education is provided, whether individual funds are invested, health conditions, etc.

Even if this court re-examines the sentencing factors, the determination of the original sentence is unreasonable.

3. The appeal by the defendant is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.