The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

Defendant

The defendant and his defense counsel stated that they appealed on the grounds of misunderstanding of legal principles and unreasonable sentencing during the first trial of the party.

(See regard to Paragraph (2) of the facts charged in the instant case, each pen (hereinafter “instant pen”) as stated in Paragraph (2) of the instant facts charged is purchased with the intent of the Defendant to utilize it as a training institute for D University, and thus constitutes “facilities and equipment directly necessary for school education” as stated in Article 29 of the Private School Act and Article 13(2)2 of the Enforcement Decree of the same Act and thus, the sales price disbursement constitutes an item of school expenses accounting.

Therefore, the Defendant embezzled the amount equivalent to the purchase price.

It shall not be deemed that the income belonging to the accounts of school expenses has been transferred to another account and used.

Nevertheless, the court below erred by misapprehending the legal principles, thereby finding guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the Private School Act.

The sentence of unfair sentencing (two years of imprisonment) by the lower court is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

As to the Defendant’s assertion of misapprehension of the legal principles, Article 5(1) of the Private School Act provides that “school juristic persons shall have the necessary facilities and equipment in the private school established and operated by them and the property necessary for the management of the school concerned.”

In addition, Article 29 of the same Act classify the accounts of school juristic persons into “accounts belonging to school” and “accounts belonging to the business of the juristic person”. Article 13(2) of the Enforcement Decree of the same Act classify the expenditure of “school expenses” into “school expenses” and “expenses for personnel and goods necessary for school operation (Article 13(2) of the same Act), expenses for facilities and equipment directly necessary for school education (Article 2(2) of the Enforcement Decree), school teachers’ research expenses, student scholarships, educational guidance expenses, and expenses for health and sports (Article 3). The principal and interest on loans to meet the expenditure of school expenses (Article 4(