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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The summary of the grounds of appeal is as follows: (a) the victim C entered into a contract for the sale of F apartment 1402 (hereinafter “instant apartment”) on the part of Mapo-gu Seoul, Mapo-gu, and one parcel of land directly with the cooperative as a contracting party; (b) the Defendant entered into the contract for the sale of the instant apartment 1402 (hereinafter “the instant apartment”); (c) so, the title trust constitutes a title trust with the intermediate omission registration type; (d) if the Defendant disposed of the instant apartment, the crime of embezzlement against the victim C is established; and even if the said title trust constitutes a contract title trust, the seller cannot be said to have known the fact of the title trust; and (e) the lower court determined that the instant apartment constitutes the so-called contract title trust, and that the seller was not guilty
2. Determination
A. The summary of the facts charged in the instant case is as follows:
B. The judgment of the court below is established when a person who keeps another's property embezzled such property. According to Articles 2 subparagraph 1 and 4 of the Act on the Registration of Real Estate under Actual Titleholder's Name, where the truster and the trustee enter into a title trust agreement, and accordingly, the truster entered into a title trust agreement with the owner who was not aware of the existence of the title trust agreement, and completed the registration of ownership transfer of the relevant apartment in the name of the trustee based on the sales agreement, the change in the real right to the relevant apartment is valid. On the other hand, the title trust agreement between the truster and the trustee becomes null and void. Thus, the trustee shall be deemed to have acquired the ownership of the relevant apartment as well as the seller, and thus the trustee acquires the ownership of the relevant apartment.