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A defendant shall be punished by imprisonment for a term of one year and two months.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From July 1, 201 to December 31, 2012, the Defendant is the head of the administrative office and the treasurer respectively at the D Elementary School located in Jeju, and at the F Elementary School located in Jeju, from January 1, 2013 to February 20, 2013, the Defendant is a person in charge of the affairs concerning school accounting expenditure and the affairs concerning management of idle funds.
1. Occupational embezzlements due to the discretionary use of the school accounting expenditure;
A. On May 30, 2012, the Defendant, on May 30, 2012, embezzled KRW 20,000,000, which was kept in the Fund Accounting Revenue and Expenditure Account in the name of the injured party D elementary school, from the Doardo Do Do Do Do Do Do Do Do Do Do Do Do Do Do, which was located in the Republic of Korea on May 30, 2012.
B. From July 6, 2012 to January 30, 2013, the Defendant: (a) at the administrative office of D Elementary School on July 6, 2012, the Defendant voluntarily transferred KRW 1,711,380 to a new bank account (L) under the name of friendly K company without remitting KRW 1,711,380, which was kept in the name of the victim D Elementary School to the school expenditure account (CF) in the name of the victim; and (b) thereafter, he/she embezzled for business by voluntarily transferring the amount of KRW 1,711,380 to the new bank account (L) under the name of friendly K company without remitting it to the legitimate creditor; and (c) from that time, he/she did not pay KRW 35,116,600 which was kept in the victim’s elementary school account and the victim’s school expenditure account over 43 times in total as stated in the statement of embezzlement and misappropriation in attached Table 2.
2. Occupational embezzlements due to the appropriation of idle funds for the school accounting;
A. The Defendant’s embezzlement of the refund for termination of a regular deposit at D elementary school on July 5, 2012, without the consent of the principal, at the Doardo Doar Union stated in paragraph (a) of Section 1.