A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

From April 22, 2014 to June 30, 2015, the Defendant has been working as the president of the E-School in the third floor of Jongno-gu Seoul Metropolitan Government building B (representative D).

On October 28, 2013, the Defendant, despite being aware that tuition fees for lectures conducted at a private teaching institute should be deposited in the account in the name of the private teaching institute by cash settlement or credit card settlement, opened arbitrarily a course of F, etc., and embezzled 3,90,000 won of tuition fees from students G to the IBK Bank account (I) in the name of the Defendant’s living together in the above private teaching institute around October 28, 2013, by receiving tuition fees from students 14 times in total, as shown in the attached crime list, and by receiving tuition fees from students 23,550,000 won directly from students, and then, embezzled them for personal use, etc. during the course of business keeping in the private teaching institute operated by the victim in the resolution of the resolution of the private teaching institute.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D, J and K;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police statement made to D or J;

1. Documents (Evidence Nos. 2) concerning the preparation of the defendant, and resignations submitted by the defendant (Evidence No. 15);

1. Each fact-finding certificate (No. 3 of the evidence lists);

1. Application of Acts and subordinate statutes as a result of each warrant for search, seizure, and verification of warrant (Evidence Nos. 18 through 20);

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (Overallly, the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations according to the sentencing guidelines [the determination of a type of punishment], the group of embezzlement and breach of trust crimes, the group of Type 1 (less than KRW 100 million) [Special Aggravation], and the factors of aggravation and mitigation: None of them (general person): where the crime of embezzlement is committed [the scope of recommendations].