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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. Summary of grounds for appeal;
A. The Defendant alone purchased 9,292m2 in Seosan-si, Seosan-si, the fact that I did not make a joint investment, and family I made a joint investment.
Even though the defendant is not in the position of a person who takes custody of another's property in the crime of embezzlement as a trust relationship under the name of a contracting party that provides the name of the contracting party with regard to I's shares pursuant to an agreement with I, the court below convicted the defendant of his/her guilt.
B. The punishment sentenced by the lower court (one hundred months of imprisonment) is too unreasonable.
2. On July 10, 2004, the Defendant jointly purchased shares of KRW 980,000,000 from the seller G in Seosan-si, Seosan-si, H 92,292 square meters (hereinafter “instant real estate”). The Defendant and the victim I jointly purchased shares of KRW 2/4,00,000,000 from the seller’s G.
The Defendant, at the same time, purchased the instant real estate jointly with the victim, agreed that L, M, N, and the victim (hereinafter “victim”) who participated in the joint purchase through the victim other than the Defendant (hereinafter “victim”) will bear a total of KRW 300 million, and the Defendant would bear KRW 190 million. In the future, on August 24, 2004, the Defendant entrusted the victim’s share in the name of the Defendant in the name of the Defendant for the convenience of sale, and registered the transfer of ownership in the future on August 24, 2004.
Therefore, the Defendant borrowed 60 million won from O on May 3, 2007 and completed a registration of establishment of the right to collateral security with the maximum amount of 60 million won on May 4, 2007, when borrowing 60 million won from O on the land without the victim’s consent, although the Defendant was not allowed to dispose of 30/49 shares (30 million won/490 million won) in proportion to the investment ratio among 2/4 shares in the real estate of this case. The Defendant made a registration of establishment of the right to collateral security with the maximum amount of 60 million won on September 4, 2008 at the Sung Agricultural Cooperative on September 4, 2008.