The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. The summary of the facts charged is the defendant who works as a lawyer from Law Firm B.

The Defendant, around June 28, 2012, at a law firm E office located on the fourth floor of the Seocho-gu Seoul Metropolitan Government D Building, agreed to deposit a certain amount of 300 million won upon entrustment from the victim F to use as a deposit agreement deposit for G’s acquisition account of E law firm EF, and upon the conclusion of the above G G acquisition contract with the victim, after executing the above 300 million won as a deposit agreement deposit, the Defendant paid the principal of 300 million won out of the 1 billion won contingent remuneration received by the Defendant and the amount of 10% equivalent to 300 million won to the victim. If the above acquisition contract is not concluded, the Defendant agreed to immediately return the above 300 million won to the victim and received

While the Defendant kept 300 million won on behalf of the victim, on July 2, 2012, when the acquisition contract of G Co., Ltd. was not concluded, the Defendant was willing to use it as a loan fee for acquisition other than the limited purpose, not in the name of the contract for acquisition, and voluntarily used it for personal purposes, such as requesting the withdrawal of the above 300 million won to H attorney-at-law belonging to the law firm E, which manages the above Sk account, and granting it as a loan fee to I who is a loan broker.

Accordingly, the defendant embezzled the victim's property.

2. The judgment of embezzlement is a crime of punishing a person who keeps another’s property to embezzled such property. Therefore, in order to constitute embezzlement, the property that is the subject of embezzlement is required to be owned by another person.

(See Supreme Court Decision 96Do2170 Decided October 29, 1996, and Supreme Court Decision 2007Do1840 Decided July 26, 2007). According to the records, around June 2012, the Defendant leased the amount of KRW 300 million per party to take over a stock company G (hereinafter “G”) to the F, a representative director of the JJ, a stock company, in short of KRW 300,000,000, and until June 25, 2012.