The Defendant, around April 13, 1991, kept the above real estate for the victim, as a trustee who completed the registration of ownership transfer of the above real estate on October 11 of the same year, pursuant to the title trust agreement with the victim on October 11, 1991, with regard to the 2,92m2 in Seo-gu, Seo-gu E field purchased from D.

On May 13, 2008, while the defendant kept the above real estate for the victim, the defendant set up a collateral security at his own discretion the maximum debt amount of KRW 3660 million to the Sungnam-gu Joint Accounting Corporation G of the F corporation of the Seoul-gu Seoul Special Metropolitan City with a view to the amount of KRW 63 million equivalent to the market value of the above real estate at the rate of KRW 63 million.

Accordingly, the defendant embezzled the victim's property worth 63 billion won.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused prepared by the prosecutor;

1. Statement of statement of C prepared by the assistant judicial police officer;

1. Reporting on investigation into the preparation of an assistant judicial police officer (No. 99 pages of investigation records);

1. A certified real estate register, a real estate sales contract;

1. Application for registration of creation of a neighboring mortgage;

1. Application of the Acts and subordinate statutes of each letter of confirmation written D and H;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 355 (1) of the Criminal Act concerning the crime [However, the upper limit of the punishment shall be governed by the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)]

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (Article 55(1)3 of the Criminal Act (Article 53 and Article 55(1)3 of the Criminal Act reflects the crime of this case, and lives without any previous conviction before the crime of this case; the actual amount of damage caused by the crime of this case does not exceed 500 million won; the victim was not entitled to the real name registration within the grace period as prescribed by the above Act, notwithstanding the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name on July 1, 1995).