The defendant shall be innocent.

1. Around September 5, 2003, the summary of the facts charged and C, the Defendant and the Defendant’s wife, purchased the land D in Busan Metropolitan City, together with E and 1/2 shares, the victim, and completed the registration of ownership transfer under the above C’s name on October 21, 2003 for the whole land.

On April 1, 2010, the Defendant and the above C have been kept for the victim with respect to the land equivalent to the above 1/2 shares. On April 1, 2010, the Defendant loaned 60 million won to the debtor at the YY branch of Han Bank, Han Bank, Inc., as the debtor C, set up the right to collateral security with the maximum debt amount of 72 million won.

Accordingly, the Defendant, in collusion with the above C, embezzled land equivalent to the above 1/2 shares owned by the victim.

2. In light of the following circumstances acknowledged by the record of the instant case, namely, the Defendant and the victim, after completing the registration of ownership transfer regarding the instant real estate, have been granted a loan of KRW 60 million and used in one half-half of the interest on the instant real estate, the victim bears half of the interest on the instant real estate for a considerable period, and the acquisition of the instant real estate and the expenses for certified judicial scrivener and certified judicial scrivener are deemed to exceed KRW 1850,000 that the Defendant and the victim shared, there is doubt as to whether the agreement between

However, the burden of proof for the criminal facts prosecuted in a false criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

(See Supreme Court Decisions 200Do1568 delivered on July 28, 2000, and 200Do4946 delivered on February 9, 2001, etc.). The following circumstances acknowledged by the records of this case, namely, the victim, at any time, is the Defendant.