The appeal is dismissed.

The grounds of appeal are examined.

The gist of the grounds of appeal is as follows: (a) the Defendant entered into a contract with the former owner of the instant land, etc. in accordance with the title trust agreement with the victim; (b) it constitutes a contract title trust; and (c) the Defendant has already been convicted of having embezzled the instant land by creating a collateral security on the instant land, etc.; and (d) thus, the facts charged in the instant case are contrary to res judicata of the final judgment; and (c)

Even if a custodian of another person’s real estate committed embezzlement once the act of embezzlement by completing a registration of creation of a mortgage on the real estate with the intention of unlawful acquisition, if the risk of infringement of legal interests was increased by adding a new risk of infringement of legal interests by establishing a separate collateral on the same real estate thereafter, or by selling the real estate, resulting in an outcome of infringement of legal interests regardless of the existing collateral, such act shall not be deemed an ex post facto act, barring special circumstances, since it exceeds the scope naturally anticipated by the collateral, such as sale by voluntary auction for the initial execution of the collateral, and thereby adding a new risk of infringement of legal interests or causing a result of infringement of legal interests

(see Supreme Court en banc Decision 2010Do10500, Feb. 21, 2013). Moreover, insofar as recognition of facts and the selection and evaluation of evidence conducted on such premise do not deviate from the bounds of the principle of free evaluation of evidence, the court of fact-finding is within the exclusive jurisdiction of the court of fact-finding, unless it exceeds the bounds of the principle of free evaluation of evidence. According to Article 383 Subparag. 4 of the Criminal Procedure Act, an appeal may be filed on

However, examining the evidence and records duly adopted by the court below, the former owner of the instant land, etc.