Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

A person who establishes and operates a F kindergarten, which is a private school E in Yangsan-si, and a private school operator shall manage donations, tuition fees, or other money due received by a kindergarten, with the revenues of the school expenses accounts, in a separate account, and shall not transfer or lend money belonging to the accounts of the above school expenses to another account.

Nevertheless, on May 20, 2009, the Defendant transferred 103,000 won of tuition fees in the name of G from parents of FF kindergartens to the account of insurance proceeds of gold-free life in the name of an individual insurance premium, and from August 20, 2013 to August 20, 2013, the Defendant transferred 231 times in total the sum of 419,239,590 won to another account, as shown in the attached list of crimes.

Summary of Evidence

1. The defendant's partial statement in court (the purport of recognizing factual relations);

1. Report of investigation (A once accompanied by the materials posted in the suspect interrogation protocol), application of Acts and subordinate statutes to report of investigation (the result of account tracking inG);

1. Relevant Article 73-2, 51, and 29 (6) of the Private School Act concerning facts constituting an offense and the choice of fines;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. For the following reasons, the Defendant is not subject to a violation of the Private School Act due to violation of the main sentence of Article 29(6) of the Private School Act.

A. The Defendant’s spouse G account in the name of the Defendant’s spouse G account that received tuition fees, school meal expenses, etc. from his/her parents is an individual passbook with a temporary nature for which tuition fees are preferentially paid, and the Defendant’s transfer of money to the F kindergarten’s budget account with his/her individual funds to the F kindergarten’s budget account can be deemed as tuition fees, etc.