횡령
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds of appeal (misunderstanding of facts), although C Village Association (hereinafter “C Village Association”) could recognize the Defendant’s intent of embezzlement of compensation for the land held in trust to the Defendant’s father G and four other (hereinafter “each of the instant land”), the lower court erred by misapprehending the facts and thereby acquitted the Defendant on the facts charged of the instant case.
2. In full examination of the evidence duly adopted and examined by the court below in light of the records, the court below did not recognize that the defendant would refuse to return the compensation even if each of the lands of this case belongs to the village conference in C, based on the judgment of evidence as stated in the judgment below.
It is just and acceptable to recognize the measures determined as “ difficult to recognize.”
B. Where a trustee, prior to the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), acquires the ownership of real estate in accordance with a trust agreement under the name of the title trustee, the title trustee shall acquire full ownership of the relevant real estate after the grace period under Article 11 of the said Act has expired after the enforcement of the said Act. However, the title trustee shall be merely obligated to return the relevant real estate acquired by himself/herself to the title truster for unjust gains (see Supreme Court Decisions 2009Da23313, Jul. 9, 2009; 2012Da42505, May 29, 2014, etc.). According to the certified copy of each of the registry of each of the instant lands, each of the instant lands shall be registered under the name of the title trustee prior to the enforcement of the Act on the Registration of Real Estate Real Name, and even after the completion of the grace period under Article 14 of the Act, each of the instant lands shall be recognized as having not completed the title of Article 14 of the Act.