배임
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: even if the Defendant owned the part A, which is a specific part of the instant land in the form of sectional ownership, in the form of sectional ownership, the Defendant registered ownership transfer to K, U.S. Construction Co., Ltd. as to the entire portion of the instant land due to registration injury, and completed the registration of establishment of a collateral security to J and L, which is not the part A but the entire portion of the said land.
Therefore, the defendant's transfer of shares in this case and establishment of mortgage constitutes a crime of breach of trust.
2. Based on the circumstances stated in its holding, the lower court determined that the Defendant either created a right to collateral security against another person or transferred ownership of the property for sale and purchase, which the prosecutor submitted with the complainant, solely based on the evidence submitted by the prosecutor.
Since it is insufficient to recognize the facts charged of this case, the facts charged of this case was acquitted.
According to the evidence duly examined and adopted by the court below, the following circumstances are also acknowledged as well as the circumstances presented by the court below.
① On December 10, 2009, the Defendant purchased a specific location of 6,896 square meters from a clan in the part A as indicated in the judgment below in around 2005, and was transferred a part of a clan in the form of sectional ownership merit on December 10, 2009.
After that, the defendant completed the registration of the establishment of a collateral security right or the transfer of ownership in the J, L, K, and UN General Construction.
Although the defendant entered into an agreement to purchase B from a clan on December 2, 2008 as stated in the judgment of the court below, it was not registered for ownership or transfer of equity, so the defendant was not able to damage the establishment or transfer of ownership of B.
② Registration of the establishment of a right to collateral security established on L with respect to part of the Defendant’s share in part of part A and B of the judgment of the court below, and the forest land above is registered on April 7, 2014.