A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

From April 201, the Defendant has been engaged in the registration, receipt, and receipt of the above private teaching institute as an employee of D (Operation of E driving school, F driving school, and G driving school) Co., Ltd. (hereinafter referred to as “E driving school”).

Around May 17, 2013, the Defendant received KRW 500,000 from a student in Suwon-si Co., Ltd., Ltd., which is located in Suwon-si, to receive KRW 500,000 from a student in cash of a private teaching institute, and kept it for the victim. Around that time, the Defendant voluntarily used the amount of KRW 500,000 to a corporate bank account in the name of the Defendant, using a ATM device, and used it for living expenses at the seat of the IBK Bank, which is located in the 1541 of Young-si, Suwon-si, Suwon-si, the Defendant deposited the said KRW 50,000 to a corporate bank account in the name of the Defendant. From that time until October 22, 2016, the Defendant voluntarily deposited the tuition fee received from the student in cash from the student in the name of the Defendant, or arbitrarily used it by receiving tuition fees directly from the student to the personal account in the name of the Defendant.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to certified copies of the corporate register, business registration certificates, text records, investigation reports (Submission of suspect data), and recording records;

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, and the choice of imprisonment for the crime;

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. The scope of the recommended punishment according to the sentencing guidelines / [the scope of the recommended punishment / [the scope of the recommended punishment / [the scope of the recommended punishment ] shall be the basic area (the sum of the profits of at least KRW 100,000 and less than KRW 500,00) in the sum of the profits of each category (from August 3 to August 3) and the reduction of 1/3 of the lowest limit of the sentence scope (the person subject to special sentencing];

2. The nature of the crime is poor in light of the method of determining the sentence and the method of the crime;