The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. In light of the fact that the defendant did not pay school expenses for personal interests, the punishment imposed by the court below (fine 20 million won) is too unreasonable.

2. The amount of legal advice fees paid by the Defendant from the revenue belonging to the accounts of school expenses exceeds KRW 400 million is reasonable. However, the Defendant, as the president of D University, paid legal advice fees for the normalization of the school juristic person C as the president of D University, not for personal interest, and the amount paid from the accounts of school expenses through the collection of money from college members was returned to the school, and the Defendant again won in the election of president that was implemented after this issue, is favorable to the Defendant.

In full view of these circumstances, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is considered to be too unreasonable.

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

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows, except for the fact that the "legal advisory fee" at the end of the second half of the judgment of the court below is used as the "legal advisory fee", and therefore, it is identical to the corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 356 and 355(1) (including Article 30 of the Criminal Act and each occupational embezzlement) of the Criminal Act for criminal facts, and Articles 73-2 and 29(6) of the Private School Act (including Article 30 of the Criminal Act and Article 30 of the Criminal Act and Article 35 of the same Act and Article 35(6) of the same Act for each school expense accounting transfer).