A defendant shall be punished by imprisonment for not less than eight months.

8,500,000 won shall be additionally collected from the defendant.

The above additional charges are imposed on the defendant.

Punishment of the crime

1. On May 20, 201, the Defendant violated the Attorney-at-Law Act: (a) at the office of the (ju) C of the Defendant’s operation located in Suwon-si, Suwon-si; (b) at the office of the (ju) C of the Defendant’s operation in Suwon-si, the Defendant was confirmed to have decided to recommend a settlement that “E shall be refunded KRW 270 million; and (c) the Defendant was requested to receive the lease deposit

The Defendant, not an attorney-at-law, received KRW 5 million from D on August 19, 201, around January 16, 201, KRW 2 million on or around January 16, 201, KRW 1.5 million on or around August 20, 201, and handled legal affairs, such as preparing and submitting documents necessary for auction, such as an application for seizure of corporeal movables owned by E, and dealing with affairs related to dividend objection and deposit return lawsuit instead of litigation.

2. Around April 25, 2012, the Defendant was delegated by the victim D with the receipt of the deposit money in the Seoul Northern District Court’s capital refund lawsuit at the office of the State office as described in paragraph (1) above.

On May 4, 2012, the Defendant received deposit money of KRW 59,776,815 from the deposit account of the Seoul Northern District Court and was in custody for the victim. At that time, the Defendant consumed the money in mind for the Defendant’s personal debt repayment purpose.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on receipts, delegations, and requests for payment;

1. Article 109 subparagraph 1 of the Attorney-at-Law Act, Article 355 (1) of the Criminal Act and the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 116 of the Attorney-at-Law Act;

1. Article 334(1) of the Criminal Procedure Act of the provisional payment order provides that a person who is not an attorney-at-law shall be subject to the second crime (in violation of the Attorney-at-Law Act) that has no basic area (4 months to 1 year and 4 months) (4 months to 100 million won) for the reason of sentencing under Article 334(1) of the Criminal Procedure Act.