The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

1. Summary of the facts charged and the judgment of the court below

A. A. The summary of the facts charged (i) Around June 2008, the Defendant primarily arranged a real estate exchange contract with the content that Seongdong-gu Seoul Metropolitan Government, the victim C owns D, E, F land and its ground buildings (hereinafter “G-dong Housing”) and H-owned Seoul Seongdong-gu, Seongdong-gu, Seoul (hereinafter “J-dong Housing”) will exchange land and its ground buildings (hereinafter “J-dong Housing”), and that the Defendant would pay KRW 120 million to the victim with the difference of H (hereinafter “instant exchange contract”).

Accordingly, around June 16, 2008, the Defendant embezzled KRW 50 million out of the difference in the exchange contract between the Defendant and the Defendant’s payment of the Defendant’s debt and living expenses, etc. for a voluntary purpose by using 50 million out of the difference in the above exchange contract from around June 17, 2008 to around July 10, 2008.

around June 2008, the Defendant arranged an exchange contract with G, a C owner, and the victim H, to exchange the said house.

Accordingly, around June 16, 2008, the Defendant entered 100 million won in his own check as the repair cost of the said G (K) from the injured party in the U.S.-dong 2, Seongdong-gu, Seoul, Seoul, on or around June 16, 2008, and deposited into the national bank bank bank account (K) in the name of the Defendant and stored for the injured party. However, the prosecutor stated that “the difference in the above exchange contract” among them from around that time to July 10, 2008, it is apparent that it is a clerical error that results from confusion with the primary facts charged, and thus, it is corrected ex officio as “the above”.

50 million won was embezzled by arbitrarily using the defendant's debt repayment and living expenses.

B. The lower court’s judgment.