Text
A defendant shall be punished by imprisonment for six months.
An applicant for compensation shall be dismissed.
Reasons
Punishment of the crime
The Defendant is a person operating "Skcheon-si D Chuncheon branch office" and is a person in charge of the management of private teaching institutes in charge of studying abroad with expenses incurred in studying abroad from the clients studying abroad. [201st group 4248] The Defendant, from the victim C (the age of 48), 59,023,367 won in total three times from February 4, 2008 to April 23, 2008, received 59,023,367 won in total, which was kept for the victim, 9,143,120 won in total as expenses for fish study training, and 6,900 US dollars (Korean currency KRW 6,563,970) (Korean currency KRW 6,563,970) in charge of the management of private teaching institutes in charge of studying abroad. The Defendant, from the victim C (the age of 48), embezzled 7,608,2708,2708 won in charge, and remitted it to the Defendant's 20708,708.
‘' is the same.
According to the evidence duly admitted and investigated, the defendant remitted USD 4,160 (Korean 5,341,390) in the name of E on October 6, 2008 to the account opened in the name of the English Studs, and E is recognized as having been in possession of the above educational facilities.
In light of the above facts, it is insufficient to recognize that the evidence submitted by the prosecutor alone has embezzled the above part corresponding to the remittance amount from October 6, 2008, and there is no other evidence to acknowledge it.
Therefore, the facts charged that the amount of damage exceeds 27,072,720 won (59,023,367 won delivered by C to the defendant and the balance remaining after deducting the amount properly disbursed or remitted as stated in the facts charged and the remittance amount as of October 6, 2008) must be pronounced not guilty pursuant to the latter part of Article 325 of the Criminal Procedure Act. However, as long as it is found that the victim C was guilty of embezzlement of the victim C with a single crime, the sentence of innocence shall not be separately pronounced.
B arbitrarily consumed the defendant's office expenses and embezzled them.
[Judgment of the court below]
1. The Defendant around 11:00 on August 7, 2009.