Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The Defendant is a private school manager who is operating a kindergarten in Busan-gun B from March 2015 to November 2016 and exercises overall control over all affairs, including the accounts of the above kindergarten.

The operator of a private school shall not transfer or lend any income or property belonging to the accounts of school expenses to other accounts.

Nevertheless, from March 2016 to November 25, 2016, the Defendant used the income belonging to the accounts of 11,965,700 won in total for personal use, including the transfer of KRW 80,000 on April 7, 2016 to another account under the name of the Defendant and the use of KRW 11,965,70 for the purpose not related to the operation of the C kindergarten, such as the wages of teachers in other childcare centers, in the name of the Defendant, after receiving the specialized education expenses for the kindergarten students from the above C kindergarten from the kindergarten parents in the name of the Defendant.

Accordingly, the Defendant transferred income belonging to school expenses to other accounts as an operator of a private school.

Summary of Evidence

1. Defendant's legal statement;

1. The statement of each police officer made to F and G;

1. Fact-finding report and action plan;

1. Application of Acts and subordinate statutes to the details of entry and departure;

1. Relevant Article 73-2 and the main sentence of Article 29 (6) of the Private School Act concerning the facts constituting an offense and the selection of punishment (generality and choice of fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the fact that the defendant led to the crime of this case while making a confession, the amount of specialized education expenses is not significant, the defendant appears to have provided the original students with specialized education equivalent to specialized education expenses, and the defendant seems to have made efforts to normalize the kindergarten of this case, such as the addition of personal funds, etc., the defendant's health is not good, and the defendant's age, character, conduct, environment, etc.