Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. Since the prosecutor (1) misunderstanding of facts and misunderstanding of legal principles (as to the acquittal portion), the defendant and the victim AC agreed to jointly invest and purchase real estate and to divide the rental profit and future resale profit, the agreement between the defendant and the victim AC is established, i.e., partnership relationship between the defendant and the victim AC. Therefore, the real estate of this case acquired through joint investment belongs to the co-ownership of the defendant and the victim AC regardless of its ownership, so long as the defendant arbitrarily disposes of the real estate of this case, which is a co-ownership, the crime of embezzlement is established. However, the judgment of the court of first instance that acquitted the defendant and the victim AC by deeming the contract relationship between the defendant and the victim AC as merely a contract title trust relationship, is erroneous in the misapprehension

(2) The first sentence of an unreasonable sentencing (four years of imprisonment) is too uneasible and unfair.

B. The sentence of imprisonment with prison labor for the first instance (four years of imprisonment with prison labor) is too unreasonable.

2. Judgment on the prosecutor's assertion of misunderstanding of facts and misapprehension of legal principles (as to the acquittal part)

A. On September 2005, the Defendant, along with the Victim AC, agreed to purchase the land of KRW 919 square meters for AD factory site, KRW 1113 square meters for AE factory site, and KRW 2054 square meters for AF factory site, and the above ground building (hereinafter “instant real estate”) and divide profits from the lease of KRW 750 million, and then divide profits from the lease of the land. The victim under paragraph (2) of the judgment on the grounds of appeal between the Defendant and the victim and the victim refers to “AC”. Around September 2005, the Defendant prepared KRW 250 million for each of the instant reasons for appeal, and paid the sales amount on the condition that the remainder of KRW 250,000,000,000 for loans from the bank and bear both expenses and interest, respectively.