A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal power] On November 18, 2014, the Defendant was sentenced to imprisonment with prison labor for fraud at the Changwon District Court for one year and six months, and the judgment became final and conclusive on April 10, 2015.

【Criminal Facts】

The defendant is a person who has been engaged in the affairs, such as counseling for students and the receipt of tuition fees, in the "EAD" operated by the victim D in the 3th floor of the Chang-gu Seoul Metropolitan City.

On March 2012, the Defendant received tuition fees of KRW 3,022,50 from students in the NongHyup Bank account in the name of the Defendant, and used KRW 2,732,50,00 in the course of performing duties for the victim, such as using the Defendant’s personal debt repayment, etc., as shown in the attached Table of Crimes List, from March 2012 to April 2013, the Defendant used tuition fees of KRW 64,057,440, which he/she kept on duty for the victim from March 2012 to April 2013.

Accordingly, the defendant embezzled 64,057,440 won of tuition fees kept on duty for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (including D substitute statement);

1. Each police statement concerning D;

1. Each report on investigation;

1. Details of passbook transactions, details of revenue from private teaching institutes funds, and account transactions;

1. Previous convictions in judgment: Criminal records and investigation reports (Attachment of final judgment of a suspect and current status of personal identification) shall apply to statutes;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act for the treatment of concurrent crimes [the scope of recommendations] [no person who has been specially punished] basic area ( April to one year and four months) (no person who has been specially punished] - The decision of sentence is unfavorable: The fact that agreement with the victim or failure to recover damage was made; the fact that there was no record of punishment for a favorable crime; the fact that there was no record of punishment for a favorable crime; and that there was a violation of the latter part of Article 37 of the Criminal Act for concurrent crimes, which could have been tried together with the case sentenced in 2014.