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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
The Defendant is a person who had been engaged in consultation with the clients, preparation of various documents, storage and management of deposit money, etc. while working as an office at the D's law office located in the Nam-gu Incheon Metropolitan City from around November 26, 2007 to November 26, 2012.
[Judgment of the court below]
1. Around April 2009, the Defendant entered into a contract to accept a proxy in the name of the said F attorney with respect to the claim for return of the amount of custody of the victim E and kept the lawsuit for the victim. Around August 25, 2009, at the above law office, the Defendant received a total of KRW 24,30,000,000,00 won of cash cashier's checks issued at the Incheon District Court 2009Kahap1757 on the name of deposit money for the provisional seizure of claims from the victim, and kept them for the victim.
As above, the Defendant exchanged a cashier’s check in the aggregate amount of KRW 24.3 million, and a cashier’s check in the amount of KRW 10 million around August 26, 2009, as another check, and the same year.
9. On April 1, 201, another 10 million won cashier’s checks and two 10 million won cashier’s checks were remitted to the Defendant’s G account to the Defendant’s ancillary G account. At that time, the vehicle purchase cost, living expenses, etc. were embezzled voluntarily.
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2. Around May 7, 2010, the Defendant: (a) consulted the Victim H, the father of I, and the instant case; (b) agreed to appoint an attorney-at-law F as a defense counsel; (c) transferred 8.3 million won from the victim to a new bank account in the name of J designated by the Defendant in the name of agreement and fees to transfer 8.3 million won from the victim to the new bank account in the name of J designated by the Defendant for the victim; and (d) used 5 million won for the personal purpose, such as oil, living expenses, etc., in the name of agreement, by a day in Incheon City, from around that time.
Accordingly, the defendant was in custody of the victim.