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A defendant shall be punished by imprisonment for four years.
Reasons
Punishment of the crime
On January 18, 2011, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Incheon District Court, and completed the execution of the sentence on April 24, 2012. On February 22, 2012, the Defendant was sentenced to one year and six months for fraud at the Jung-gu District Court, which was released on June 28, 2013 during the execution of the sentence, and the parole period expired on October 24, 2013.
The Defendant, from November 7, 2015 to November 25, 2018, served as an English instructor in high school, at a private teaching institute in Gangdong-gu Seoul, Gangdong-gu, Seoul, and from March 2016, was in charge of the affairs such as the representative director D, the president E, the private teaching institute operation, and the management of the unpaid tuition fees.
1. Around August 2018, the Defendant embezzled occupational embezzlement: (a) around August 2018, at the pertinent C private teaching institute, the victim F and his parents: “A student will be specially controlled; (b) a student will be transferred along with tuition fees to an individual account not in the private teaching institute’s account; (c) a student will be given a discount if paid in a lump sum; and (d) he embezzled KRW 4.5 million from F to a G bank account in the name of the Defendant, such as tuition fees, under the pretext of tuition fees, from August 21, 2018; and (e) million won from October 22, 2018; and (e) a student was voluntarily used for the victim’s business and embezzled KRW 9.5 million from the Internet gambling funds, etc. around that time.
In addition, from May 31, 2017 to November 23, 2018, the Defendant received a total of KRW 320,950,500 from 41 students of a private teaching institute under the pretext of tuition fees, management fees, etc., and embezzled KRW 315,351,00 among them for the victim company by using them as Internet gambling funds, etc. voluntarily.
2. On June 2018, the Defendant: (a) obtained the high copy of the private school in a de facto marital relationship from H on April 19, 2018; (b) obtained the high copy of the private school in a de facto marital relationship; and (c) obtained by deceiving KRW 20 million under the name of the deposit money; and (d) made such suspicion by H.