The prosecutor's appeal is dismissed.

1. In full view of the prosecutor’s statement of the grounds for appeal, the statement of the defendant and related persons, and the contents of the relevant civil judgment, the defendant is the real owner of each of the instant real estate, and the fact that the registration of each of the instant real estate was completed under the name of F pursuant to the trust agreement with F, his father, but the court below acquitted the defendant. Thus, the court below erred by misapprehending the legal principles and misapprehending the legal principles.

2. Determination

(a) No person charged with this part of the facts charged may register a real right to real estate in the name of the title trustee pursuant to the title trust agreement.

Nevertheless, the Defendant acquired a building Eel (hereinafter “real estate of this case”) located on the land 573 square meters in Busan Metropolitan Transportation Daegu D and its ground for public sale, and the Defendant owned the ownership of the land and registered the ownership of the land as F, his/her father, and on July 29, 2010, filed an application for the transfer of ownership in the name of F, and registered the ownership of the said land in the name of F, under the name of F, in the Busan Metropolitan City Branch of the Busan Metropolitan District Court located in the Busan Metropolitan City, Daegu Metropolitan City, for the registration of transfer of ownership in the name of F.

In addition, the Defendant purchased from H the land located in Busan Shipping Daegu G, 370.6 square meters (hereinafter “2 real estate of this case”). The Defendant acquired the ownership of each of the instant real estate along with the instant real estate No. 1, and decided to hold the ownership and the registration of the ownership of the real estate as F, his/her husband. On February 24, 2012, at the Busan East District Court located in Busan Metropolitan City, Busan Metropolitan City, the Defendant filed an application for the transfer of ownership in the said F’s name and registered the ownership of the said land in the said F’s name.

B. Article 2 Subparag. 1 of the Act on the Registration of Real Estate under Actual Titleholder’s Name provides that “The nominal trust agreement” refers to either a person who holds or actually acquires the ownership or other real rights to real estate (hereinafter “real rights to real estate”).