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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Criminal facts

The Defendant was specially employed as a public official of a local office assistant on August 1, 1989, and served in the administrative office of Chigh School from January 1, 201 to December 31, 2013, and was a Grade 7 local assistant in charge of affairs such as salaries and revenues and expenditures of school personnel and other accounting affairs.

While carrying out the above duties, the Defendant paid excessive salaries and leave allowances to the teachers and staff to the Office of Education in the ordinary south of the victim, and paid excessive appropriated amounts to the Office of Education in the ordinary south of the victim, and received the difference and received it for private purposes.

On December 2, 2011, the Defendant entered KRW 2,068,870, a total amount of 25 days in the wage payment computer program age (NEIS) into the Chigh School administrative office located in S High School D, Kimhae-si, from August 29, 201 to November 25, 2011, and paid KRW 1,737,980 for a fixed-term teacher E from August 29, 201, but paid KRW 2,068,870, which is a part of the monthly wage payment program age, into the victim’s excessive payment of benefits to E. On February 23, 2012, the Defendant used KRW 35,640, an excessive payment from E to the agricultural bank account under the name of the Defendant (F) and used it for personal purposes, such as living expenses, etc. around that time.

From that time until August 28, 2013, the Defendant embezzled total of KRW 18,003,090 on nine occasions, such as the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. A written accusation (including attached documents);

1. Application of Acts and subordinate statutes concerning excessive payment of teachers' personnel expenses, embezzlement and misappropriation evidence;

1. Articles 356 and 355 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Article 62(1) of the suspended sentence, where the mitigation area (one month to ten months) (special mitigation), in the mitigated area (one month to one hundred million won), in a case where the punishment is not imposed, or considerable damage is recovered (the decision of sentencing is rendered], eight months; and