The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Since the Defendant and the victim agreed to purchase real estate by joint investment, resell the real estate, and divide the proceeds from resale into half each other, the relationship between the Defendant and the victim constitutes an “in-house association” rather than a mere anonymous association, and therefore, the land and buildings located in the area D located in the area where the Defendant and the victim jointly purchased the real estate (hereinafter “each real estate of this case”) belongs to the co-ownership of the Defendant and the victim, so long as the Defendant established the right to collateral security on each of the real estate of this case at their own discretion

Nevertheless, the judgment of the court of first instance that acquitted the Defendant of the facts charged of this case is erroneous in misunderstanding legal principles or incomplete hearing.

The summary of the facts charged, the Defendant and the victim C purchased real estate through joint investment and then divided the difference in the market price by half. On February 8, 2003, they jointly purchased each of the instant real estate with the purchase price of KRW 420 million. On February 8, 2003, KRW 235 million out of the purchase price shall be paid to the victim’s money, and the remainder KRW 184.5 million out of the purchase price shall be paid to the victim’s money, and on January 9, 2007, they completed the registration of ownership transfer under the Defendant’s name for convenience.

The Defendant, as seen above, received a loan of each of the instant real estate as collateral in order to pay personal debts with the fact that each of the instant real estate was registered as ownership in the name of the Defendant.

Around March 26, 2007, the Defendant borrowed KRW 55 million from the Seocho Saemaeul Fund, which is located in the Seocho-gu, Suwon-si, Suwon-si, and created a right to collateral security of KRW 77 million with respect to each of the instant real estate under management for the victim as a collateral to the Seocho Saemaeul Fund, and thereafter, from that time until September 28, 2010, the Defendant created a right to collateral security with respect to each of the instant real estate.