The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

The victim C entered into a contract for sale in lots with the cooperative as a direct contracting party with respect to the Mapo-gu Seoul Metropolitan Government F apartment No. 1402 (hereinafter “instant apartment”), but only the registered name was the defendant, so the above title trust constitutes a title trust with the intermediate omission registration type. Therefore, if the defendant disposed of the instant apartment, the crime of embezzlement against the victim C is established, and even if the above title trust constitutes a contract title trust, even if the above title trust constitutes a contract title trust, the seller cannot be said to have known the fact of the title trust. Thus, the court below erred by misapprehending the legal principles on the title trust, or by misapprehending the legal principles on the title trust, which affected the conclusion of the judgment.

Judgment

The summary of the facts charged of this case is that the Defendant, around 192, sold 180 million won to I without the consent of the victim at the office of “H Licensed Real Estate Agent” as of April 19, 2008, and embezzled 180 million won to I without obtaining the consent of the victim, while the Defendant registered ownership preservation under the name of the Defendant on April 24, 1997, via a title trust agreement with the victim, with respect to D and E F apartment 1402 purchased by the victim C.

The lower court found the Defendant not guilty on the grounds that the Defendant cannot be deemed as having a position of “a person who keeps another’s property” in the crime of embezzlement as follows.

1) The crime of embezzlement is established when a person who keeps another’s property embezzled such property. As such, the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”).

According to the provisions of subparagraphs 1 and 4 of Article 2, a truster and a trustee enter into a title trust agreement, and accordingly the trustee becomes a party.