The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

20,000,000 won shall be additionally collected from the defendant.

1. The summary of the grounds for appeal (e.g., a fine of KRW 40 million, an additional collection of KRW 20 million) of the lower court is too uneased and unreasonable.

2. Determination

A. It is recognized that the Defendant returned the money acquired through the crime of breach of trust to the provider during the investigation of this case, that the money acquired through the occupational embezzlement was returned during the investigation of this case, that an application for no punishment under the name of school juristic person E was submitted, that the Defendant had been living in school for about 30 years, that the surrounding persons, such as the club teachers, wishing to have the Defendant’s wife, and that he supported the mother of the Trade Union.

B. However, the instant crime is the case of embezzlement of teacher recruitment and school tuition in private schools. Private schools are national and public schools, and private schools are in charge of public education equal to national and public schools. Educational activities conducted in private schools have a profound impact on students who will be in the future of the nation. Therefore, it is necessary to normalize education by strict private school doctrine.

On the other hand, it is necessary for private school teachers to perform their duties with high level of integrity and morality that does not become public officials. Since the quality of education depends absolutely on the quality of teachers in charge of education, it is the foundation of the development of education to select teachers with morality and real ability.

In particular, the Defendant, as the principal of an private high school, failed to comply with fairness and transparency in the course of hiring teachers more than anyone, and failed to pay a considerable amount of money of KRW 20 million in return for the recruitment of teachers, and embezzled a considerable amount of money of KRW 40 million in school expenses.

In committing the crime of taking property in breach of trust, the defendant shall be given a peremptory notice at the interview for the employment of teachers in receipt of a request from the FF High School Teachers G.