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A defendant shall be punished by imprisonment for a term of one year and four months.
Reasons
Punishment of the crime
From March 9, 2013, the Defendant, as the head of the E Institute operated by the Victim D in Daegu Suwon-gu, the victim D, has been engaged in the duties of receiving and managing the expenses of the said Institute.
On March 19, 2013, the Defendant collected KRW 500,000 from the pertinent private teaching institute, and used it for personal purposes, such as entertainment expenses and repayment, in mind, from the Daegu Siwon around that time.
From around that time to January 22, 2016, the Defendant consumed a total of KRW 206,672,50 by the same method from the 777 times via the same method, such as the list of crimes in the attached Form.
Accordingly, the defendant embezzled the victim's property.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
1. A complaint;
1. Application of each report on investigation (No. 3, 6) (No. 5) by statute;
1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of criminal facts;
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Type 2 (Scope of the recommended punishment: from 10 million to 50 million won) basic area (from 8 months to 3 years): Increase in the first step (no person subject to special sentencing) as a result of the combination of identical concurrent crimes;
2. Consideration - Circumstances in light of the circumstances: The degree of reflectivity, absence of previous conviction - Unfavorable circumstances; no damage has been recovered; the crime has continued for a long time; and the amount of embezzled money has also been reasonable - Other various sentencing conditions specified in the records of the instant case, including the Defendant’s age, sex, state of health, family environment, motive, means, consequence, and circumstances after the crime.