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

The defendant is a lawyer.

On July 2, 2009, the Defendant entered into a pre-sale agreement with the victim E, F, and G in the D's legal office located in Seocho-gu Seoul Metropolitan Government to trade three officetels, and the Defendant kept the said agreed amount for the victim. However, in the event that the sales contract is completed, the Defendant entered into a pre-sale agreement with the F and G in the name of the contract deposit to return the full amount of the agreed amount to the victim.

On the same day, the Defendant received 106,688,400 won from the victim to the Defendant’s bank account in the name of the contract deposit.

Therefore, the Defendant shall keep the above contract amount until the conclusion of the sales contract to three above officetels of the said F and G. However, if the sales contract is not concluded, notwithstanding the fact that the victim had the duty to return the full amount of the contract amount to the victim, the Defendant is in violation of his duty and from July 3, 2009.

7. Until July 11, 200, the amount of KRW 75 million was arbitrarily transferred to G with the account in the name of I, J, and K designated by G without the victim’s consent, and the amount of KRW 30 million was granted to G around July 9, 2009.

Accordingly, the defendant violated the duty of keeping the contract amount in custody for the victim, thereby allowing G to obtain property benefits of 15 million won out of the contract amount, and causing damage to the victim equivalent to the same amount.

Summary of Evidence

1. Legal statement of witness G;

1. A copy of each protocol of examination of suspect to the prosecution (including the substitute part) concerning G;

1. Copy of the police interrogation protocol of the accused;

1. Copy of the police statement of E;

1. Written agreement and deposit certificates of passbook without passbook;

1. Application of Acts and subordinate statutes on details of deposits transactions;

1. Article 355 (2) of the Criminal Act applicable to the crimes;

1. As to the Defendant’s assertion under Article 62(1) of the Criminal Act, the Defendant was accused of G, and the instant case is also subject to the suspended execution.