The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

1. Summary of grounds for appeal;

A. The Cialin, which held title trust with the Defendant (the part of the crime of oil) of the F Cemetery 16906 square meters and G 255 square meters in the name of the Defendant (hereinafter “C clan”), did not actually exist, and even if the present family is in fact, there was no difference in the year 1912, when the deceased H received the assessment of each of the above land.

In addition, even if there was a clan C at the time when the family net H was considered to have each of the above lands, each of the above lands is not owned by the clan, and therefore, it is not true that the clan C has trusted each of the above lands to the deceased H. Therefore, the Defendant is not in the position of keeping each of the above lands according to the trust relationship with the clan C.

Therefore, the crime of embezzlement of this case cannot be established.

B. Of the instant facts charged by the prosecutor (not guilty part) the Defendant’s entry of the part on which the registration of ownership transfer was completed in the name of the Defendant, etc. on the land of racing AL is merely a mere transitional fact, but the lower court deemed this as a prosecution for a separate embezzlement and found the Defendant not guilty in the reasoning of the judgment is contrary to the principle

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged of this case is also stated in the indictment of this case that the Defendant completed the registration of ownership transfer and the registration of ownership transfer in the name of the heir, including the Defendant, in the name of the heir, with respect to the amount of 785 square meters in the name of 793 square meters, 747 square meters prior to JJ, 66 square meters of K forest and 1/2 shares in the name of the network N, which was subject to each circumstance other than the land of this case, but the indictment of this case stated in 17-19 of the two pages of the indictment that "after completing the registration in the name of the Defendant and the above co-inheritors on each of the above land due to inheritance, the Defendant was able to obtain a loan from the financial institution by providing it as a security," and in 3 pages of the indictment of this case, "victim".