The prosecutor's appeal is dismissed.

1. The court below found the defendant not guilty of the charge of embezzlement and breach of trust.

However, since only the prosecutor appealed on the embezzlement part of the judgment of the court below against the defendant, and the part of the judgment of the court below against the defendant by failing to appeal both the prosecutor and the defendant, the scope of the judgment of this court is limited to the embezzlement part of the judgment of the court below against the defendant.

2. As to the charge of embezzlement among the charges against the Defendant’s summary of the grounds for appeal, where the trustee disposes of real estate at will in the so-called “ bilateral title trust” case, such as this case, the crime of embezzlement should be established.

Nevertheless, the judgment of the court below which acquitted the defendant of embezzlement among the facts charged against the defendant is erroneous in the misunderstanding of legal principles as to the establishment of embezzlement.

3. Determination

A. The principal agent of embezzlement as prescribed by Article 355(1) of the Criminal Act refers to a person who keeps another’s property, and whether a person is another’s property should be determined by the Civil Act, the Commercial Act, and other substantive laws.

Since custody in embezzlement means the possession of property through a consignment relationship, in order to establish embezzlement, there is a legal or de facto consignment relationship between the custodian of property and the owner of property (or the other principal owner).

This trust relationship can be established not only by a contract such as loan of use, lease, delegation, etc. but also by administrative management, customs, cooking, and trust rule. However, in light of the fact that the intrinsic nature of embezzlement is to illegally acquire another person's goods entrusted based on a trust relationship, it is reasonable to determine that trust relationship is a trust relationship with a value to protect the crime of embezzlement.

However, the real estate is purchased.