All appeals filed by the defendant and prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The victims finally lose the legal principles of the judgment of the court of first instance as to the Defendant’s misunderstanding of the legal principles and the assertion of unreasonable sentencing as to the judgment of the court of first instance (hereinafter “LH Corporation”) in a lawsuit against the Korea Land and Housing Corporation (hereinafter “LH Corporation”), and there is no authority for the victims

The provisional payment received by the defendant includes the contingent fee of the defendant.

In addition, the defendant received the provisional payment from LH Corporation, and the difference between the winning amount according to the final judgment was prepared and returned by the defendant.

Therefore, it is necessary to settle the accounts between LH Corporation, victims and the defendant after the judgment became final and conclusive, and the provisional payment received by the defendant is not the property of another person, which is the object of embezzlement.

Although the defendant did not return the provisional payment to LH Corporation immediately after the completion of the above lawsuit, it is merely a violation of a civil agreement.

B) At the time, the law office, which was operated by the Defendant, did not properly separate accounts at the time of fund management due to the fact that the entry and withdrawal occurred frequently in multiple class actions, but the Defendant was capable of returning the provisional payment. The Defendant had a claim equivalent to KRW 65 million with respect to LH Corporation, and the Defendant actually repaid the LH Corporation, including the interest on the entire provisional payment. Therefore, the Defendant did not have an intent to obtain unlawful acquisition. (C) Nevertheless, the lower court erred by misapprehending the legal doctrine, which determined otherwise.

2) The first sentence of the lower court on the grounds of unreasonable sentencing (a fine of one million won) is too unreasonable.

B. The prosecutor’s assertion of misunderstanding of facts or misapprehension of legal principles against the judgment of the court of Second Instance stated that there is no delegation by any one of the investigative agencies and legal testimony to make the receipt of this case clear.

K. K. The defendant.