The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is the case where the defendant intentionally excluded the victim from tender, and there is an agreement on the promise of accord and satisfaction that transfers the ownership of real estate in each share of the defendant, victim, and C. As to the victim's share, it is reasonable to view that there was an agreement on the promise of accord and satisfaction in which the defendant will transfer the ownership of real estate in each share of the defendant, victim, and C. In fact, the third party title trust relationship between the debtor and the trust should be established and the crime of embezzlement against the victim is established.

2. Determination

A. The summary of the facts charged is as follows: (a) the Defendant, together with C and the victim D, invested KRW 1.3 billion ( KRW 450 million for each of the defendants and victims, KRW 450 million, KRW 340 million for each of the above foundations; and (b) registered as a director of the above foundation; (c) however, around November 12, 2007, the Defendant agreed to recover the amount invested in the above park cemetery development project from G, H, and I and then resign from the director of the above foundation; and (d) the above G, etc. agreed to resign from the above foundation; (c) the victim; (d) the victim; (c) the victim; and (d) the unpaid amount of KRW 300 million for the remaining portion ( KRW 150 million for the defendant; KRW 50 million for the victim; and (d) the amount of the above maximum debt to be paid to the defendant at the time of payment in kind in the name of H, in the name of his/her father branch.

On October 31, 2008, the Defendant applied for a voluntary auction (L) of the said real estate on the basis of the fact that the said real estate was set up in his/her own name in the Sungnam District Court’s branch of Sungnam-gu, Sungnam-gu, Sungnam-si. On April 17, 2009, the Defendant acquired the ownership of the said real estate and kept it for the victim (50,000 won shares) upon the successful bid on the ground of sale by voluntary auction on April 17, 2009.