The prosecutor's appeal is dismissed.

1. The judgment of the court below which acquitted the Defendant of the facts charged of this case on the ground that there was a lack of evidence to prove that the injured party, who suffered from the gist of the grounds of appeal, consented to the lending of real estate as security, as stated in the facts charged of this case.

2. Summary of the facts charged in this case

A. On May 9, 2005, the Defendant: (a) upon the victim C’s request from the victim C to entrust the management of 1,180 square meters in the name of a miscellaneous land located in Daegu Dong-gu, Daegu-gu; and (b) on February 1, 2001, upon the receipt of the ownership transfer in the name of F, the Defendant borrowed KRW 50,000 from the Daegu-gu bank by borrowing the maximum amount of the claim on the above land; and (c) on January 30, 2002, the Defendant borrowed KRW 25,000,000 from the obligor E, which was established on the above land, to F by taking advantage of the collateral security amounting to KRW 37,50,000.

The Defendant did not pay the above bank loans of KRW 50 million and interest accrued therefrom from time to time. On November 11, 2008, the Defendant, without permission from the victim, set up a mortgage on the above land in the name of the debtor, set up a mortgage of KRW 143 million, and received a loan of KRW 10 million from the Hanwon Saemaul Bank of Korea, and used the above bank loans of KRW 50 million and KRW 67,237,845 in the sum of interest accrued in the above bank loans of KRW 57,237,845 on the above land.

On January 15, 2010, the Defendant established a right to collateral security in the name of the debtor, and borrowed KRW 10 million from the Hanwon Saemaul Bank in the name of the debtor for the above land. On March 29, 2010, the Defendant established a right to collateral security in the name of the debtor, and used the right to collateral security in the name of the debtor E for repayment of the interest of KRW 110 million for the above bank loans of KRW 17 million from G.

Accordingly, the Defendant embezzled the amount of KRW 175 million of the victim's land in custody.

B. The Defendant, from the injured party, has entrusted 2,003 square meters and 8 lots, prior to the location of H, in the name of the injured party.