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Defendant
A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of eight months.
However, as to Defendant A, this shall not apply.
Reasons
Punishment of the crime
Defendant
A From July 4, 2016 to December 22, 2017, A was in charge of the duties of collecting the registration fees for private teaching institutes paid by students of the private teaching institutes while taking charge of each accounting duties in Ansan-si, the members of the group C and the third floor D from November 7, 2016 to December 22, 2017, and in the victim G operated by Ansan-si, the members of the group F and D with the third floor from November 7, 2016 to December 22, 2017.
1. The sole criminal conduct of Defendant A;
A. On February 2017, the Defendant: (a) received KRW 550,00 in cash from H, a student who was registered at a private teaching institute E, for the registration fee of the private teaching institute; (b) and embezzled it by arbitrarily consuming it as personal living expenses from October 2016 to June 2017; and (c) embezzled a total of KRW 45,250,000 on a total of 166 occasions, as indicated in attached Table 1, from October 2016 to June 2017.
B. Around July 2017, the Defendant: (a) received 30,000 won in cash from the victim E, who was a student registered at a private teaching institute; (b) and embezzled it by arbitrarily consuming it for the victim’s personal living expenses during the course of performing his/her duties; (c) from July 2017 to December 18, 2017, the Defendant embezzled the total amount of KRW 16,835,00 on a total of 434 occasions, such as the attached crime list 3-(6) from July 2017 to December 18, 2017.
The prosecutor prosecuted this part as embezzlement jointly by the Defendants, but Defendant A alone embezzled, and Defendant A also recognized the crime itself, and accordingly, Defendant A appropriately revised the criminal facts to the extent that it does not have any substantial disadvantage to the exercise of the right of defense.
2. Defendant B’s sole criminal conduct, on May 21, 2017, receives 650,000 won in cash from J, a student who registered with a private teaching institute in G, a private teaching institute, and arbitrarily consumes KRW 1,50,00,00 in cash as a registration fee for the private teaching institute.