The sentence of sentence against the defendant shall be suspended.

A. The prosecutor prosecuted the Defendant as a crime of breach of trust, and the lower court rendered a judgment of not guilty on the facts charged of this case.

B. Accordingly, the prosecutor filed an appeal on the grounds of mistake of facts or misapprehension of legal principles, and the trial prior to remand rendered a judgment dismissing the prosecutor’s appeal by not guilty of the facts charged in the instant case.

C. The prosecutor filed an appeal on the grounds of misunderstanding the legal principles. In so doing, the Supreme Court rendered a judgment that reversed and remanded the judgment on the grounds that the court erred by misapprehending the legal principles of breach of trust and thereby adversely affected the conclusion of the judgment.

Summary of Grounds for Appeal

As to the facts charged in the instant case, the lower court determined that the Defendant did not constitute a crime of breach of trust on the ground that it is difficult to view that the Defendant is not obliged to protect or manage the property whose essential content

However, according to the evidence submitted by the prosecutor, the defendant has the obligation to cooperate in the registration under the gift contract, and such obligation of the defendant constitutes another person's business. Thus, the act of completing the registration of establishment of a mortgage in the name of another person on real estate during which the defendant transferred to the

Therefore, the judgment of the court below which acquitted the charged facts of this case is erroneous by misapprehending the legal principles.

Judgment

A. The Defendant is a person who was in de facto marital relationship with the victim B from August 2000 to October 2005.

On September 1, 2003, the Defendant divided the area of 8,264 square meters into D farm land and E forest, respectively, and around October 9, 2007, the Defendant donated 1/2 shares to the victim with respect to the area of 3,017 square meters in Gyeonggi-gun, Gyeonggi-gun, Gyeonggi-do, the Defendant owned, and expressed the intent of donation in writing.

The Defendant pursuant to the above donation contract.