The judgment of the court below is reversed.

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

1. The summary of the grounds for appeal was that the defendant arbitrarily used KRW 49.8 billion out of the total 200 million received from the victim. However, the above KRW 200 million includes both the agreement amount to be paid to the victims of larceny, the father of the victim, and the expenses to be incurred in the agreement with the victims. The defendant, as long as the defendant was released by F in consultation with the victims, did not return the remaining amount after the agreement, or there was the defendant's implied consent to arbitrarily dispose of the above amount. Thus, it is difficult to deem that the crime of embezzlement is established even if the defendant used the above amount.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles.

2. Determination

A. On October 23, 2009, the summary of the facts charged was requested by the Defendant to the effect that, at the D's law office located in Suwon-gu, Daegu, the Defendant was detained on the charge of special larceny by the victim E, his father [F, who is the father of the victim E, was arrested on October 7, 2009 and was detained on the charge of special larceny on October 9, 2009, and was detained on the charge of the above special larceny, and was detained on the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thth th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th th, 2000 won to appear in the above F's defense counsel and requested the above victim to agree with the victims of the above F criminal case at the level of KRW 200 million.”

Therefore, the Defendant received the above KRW 200 million from the above G over several occasions on November 2009, and used the above F’s criminal case amount of KRW 150 million under the pretext of the agreement, deposit money, expenses necessary for the agreement, etc., and kept the remaining money for the said victim.