A defendant shall be punished by imprisonment for eight years.

The application for compensation order of this case shall be dismissed.

Punishment of the crime

【Criminal Records】 On November 30, 2012, the Defendant was sentenced to one year and six months of imprisonment for the crime of embezzlement at the Seoul Central District Court, and two years of suspended execution, and the above judgment became final and conclusive on January 14, 2013.

【Criminal facts” From around 2002, the Defendant, as the counsel of the X-Ma Association, performed all legal affairs, such as the management of various deposits related to the cancellation of a sales contract for the Y2,593 square meters of land in Sung-nam-gu, Sungnam-si, which was owned by the above clan-Ma Association.

On behalf of the above clan Association, the Defendant received deposit money of KRW 5,352,223,214 from the public depository of the Seoul Western District Court on August 13, 2008, on behalf of the above clan Association, and the Defendant and the defense counsel immediately returned to the above clan Association KRW 1 billion out of the deposit withdrawn by the Defendant.

I do not find any material that can be seen as such;

On January 15, 2009, the Seoul Central District Court received deposit money of KRW 2,232,009,327 from the public depository of the Seoul Central District Court. On September 14, 2009, the Seoul Western District Court received deposit money of KRW 50,428,400 from the public depository of the Seoul Western District Court and embezzled each by using it for the personal purpose of the defendant for the time of receipt of deposit money while performing his duties for the above clan.

Summary of Evidence

1. Any statement made by the defendant in the third public trial records, which contains part of the statement appropriate for such statement;

1. Indicating each part of the protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement of the Z in the first examination of the suspect against the defendant in the prosecution protocol;

1. Each police statement concerning the AA or Z;

1. A detailed statement of deposit, a written claim for recovery of deposit (as of January 15, 2009), a copy of the check (as of January 15, 2009), a written claim for recovery of each deposit, a statement of account interest on each deposit, and a case for recovery of deposit (as of July 25, 201);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and text of judgment (Seoul Central District Court Decision 2012No. 274);

1. Article 3(1)1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012; hereinafter the same) and Article 3(1)1 of the Criminal Act to select the relevant criminal facts and a sentence.