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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
1. Summary of grounds for appeal;
A. misunderstanding of facts and misunderstanding of legal principles 1) The Defendant and the Victim C (hereinafter “victim”).
B) Between the Yancheon-gu, Seoan-gu, Seocheon-gu (hereinafter “instant real estate”) 2,922 square meters
(2) The Defendant, a trustee, acquired full ownership of the instant real estate pursuant to Articles 12(1) and 4 of the Act after the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name after the enforcement of the Act on the Registration of Real Estate under Actual Titleholder’s Name. As such, the Defendant was not in the position of a person who keeps another’s property at the time of the instant crime. (2) Since the value of the property acquired by the Defendant through embezzlement does not exceed KRW 50 million, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) by embezzlement is not established.
B. The lower court’s sentencing (two years of imprisonment) is unreasonable and unfair.
2. Judgment on misconception of facts or misapprehension of legal principles
A. According to the provisions of Articles 2, 4, 11, and 12 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, as to whether there was a position of a person in custody of another person’s property, in the case where, prior to the enforcement of the above Act, the trustee entered into a sales contract on real estate with the owner who was the party and was unaware of the fact that the title trust agreement was in effect prior to the enforcement of the Act, and subsequently completed the registration of ownership transfer under the name of the trustee pursuant to the said sales contract, and did not complete the real name registration within one year grace period after the enforcement of the above Act, the change in the real right to the pertinent real estate by the registration