The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances that are unfavorable to the Defendant include: (a) the Defendant’s embezzlement amount is considerable; (b) the Office of Education entered false information into the school accounting system in order to conceal the embezzlement; and (c) the amount embezzled is used as living expenses, stock investments, etc.; and (d) the quality of the offense is bad.

However, when considering the fact that the defendant fully repaid the embezzled money, the removal from the office of a public official, the embezzlement that has been repaid, the payment of a separate disciplinary surcharge of KRW 200 million should be made, the first offender, the mother of 7 suicide and 2 living sons, the time of reflectability, and all the sentencing conditions revealed in the pleadings of this case, such as the defendant's age, character and conduct, environment, etc., the court below's punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement and the choice of imprisonment), and Article 227-2 of the Criminal Act for the selection of criminal facts;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (in the case of concurrent crimes with punishment stipulated in the crime of conspiracy with public electromagnetic records, etc., dated November 23, 201, the most severe punishment and punishment) among concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration in favor of the preceding);