"Embezzled Academy Fees" — Instructor Suspected of Embezzlement Found 'Not Guilty' at Formal Trial

Suspected of embezzling 3 million won in students' academy fees…'Formal trial requested' against summary order of a fine
- The court: "No objective evidence to prove embezzlement…ample motive to file a false complaint amid a deteriorated relationship"

An instructor who was put on trial on charges of embezzling academy fees was found not guilty.

The Pyeongtaek Branch of the Suwon District Court found a woman in her 30s, identified as A, who had been put on trial on charges of occupational embezzlement, not guilty on the 21st of last month.

A was accused of embezzling by receiving about 3 million won in academy fees, wired into an account under her own name, from a parent of a student at the academy where she worked in 2022.

B, the academy's director, claimed that A had deceived him and concealed the embezzlement. B said that when he confirmed that one student's tuition had not been deposited and asked why, A lied that she had not collected it because the student's circumstances were difficult, and that, believing this, he instructed her not to collect the fee, but that behind his back she pocketed the money.

A denied the charges. She countered that while it was true she had received the academy fees into a personal account, it had been done with B's approval due to tax issues and the like, and that she had not hidden this fact even from her fellow teachers, having informed them. She further emphasized that it was rather B who, in conflict with her over issues such as unpaid wages, had filed a retaliatory complaint in response.

The prosecution, deeming A's charges established, requested a summary order for a fine of 1 million won, and the court granted it. However, A, refusing to accept this, requested a formal trial.

The court, having examined the case, found A not guilty. The court said, "Even though the payment record for checking fees could be viewed by all teachers, the victim merely claimed that the relevant student's payment record was left blank and failed to submit any objective evidence to prove this," adding, "Rather, it is judged that within an extremely deteriorated relationship in which the two were engaged in litigation, there was reason to file a complaint with content contrary to the facts."

The court added, "The victim's claim that he waived the fee based solely on the defendant's word is also difficult to accept as common sense," and, "If the victim's claim were true, the defendant would have had to lie to her colleagues as well about not collecting the fee, but the fact that she instead informed them she was collecting the fee directly due to tax issues shows the defendant's claim is more credible."

Attorney Lee Jiwon of Daeryun Law Firm, who represented A, explained, "For occupational embezzlement to be established, a person entrusted with keeping another's property must, in breach of their occupational duty, embezzle that property or refuse to return it," and, "By proving that A received the academy fees with B's approval and the background of the false complaint filed out of spite, we were able to overturn the unfavorable summary order and secure a not-guilty verdict." jckim99@sportsseoul.com

Reporter Kim Jongchul

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"Embezzled Academy Fees" — Instructor Suspected of Embezzlement Found 'Not Guilty' at Formal Trial (Go)