A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On October 2014, the Defendant decided to jointly proceed with the English camp projects subject to elementary schools in the Victim NN and New Zealand, and has been in charge of advertising the above English camp projects, recruiting eligible persons, and collecting expenses for proceeding in the middle of 2014.

From October 29, 2014 to December 3, 2014, the Defendant arbitrarily used KRW 12.6 million out of the above money to the Defendant’s operating expenses of a company separately operated by the Defendant and the attorney-at-law’s fee, etc., for the victim, by receiving KRW 4.3 million per student from the parents of students participating in the English camp to the account in the name of the Defendant.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement ofN;

1. Data submitted, such as a bank receipt certificate and a copy of the foreign exchange remittance specializing;

1. The defendant's statement of deposit and withdrawal from the Suhyup account under the name of the defendant, and the statement of deposit and withdrawal from the Agricultural Cooperative account under the name of the defendant's AO [the defendant and the defense counsel's use of the above KRW 12.6 million is inconsistent with the defendant's use of the above KRW 12.6 million, but not embezzlement of KRW 5 million out of the above KRW 5.5 million. The defendant's use of the above KRW 2.5 million for each student's use of the remaining KRW 2.5 million for expenses under consultation with NN. However, according to the evidence duly adopted and investigated by this court, it is recognized that the above KRW 12.6 million was embezzled while the defendant was under the business custody, and there is no other evidence to acknowledge the defendant's claim except for the defendant's change of the defendant's defense counsel] legal application.

1. Relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act regarding criminal facts and the reasons for sentencing [the scope of recommending punishment] Type 1 (100 million won).