The prosecutor's appeal is dismissed.

The summary of the facts charged in the instant case, the judgment of the court below, and the grounds for appeal is that Defendant A is a bond company, and Defendant B was a former director of H Co., Ltd. (hereinafter “H”).

Defendant

A around February 22, 2008, when lending KRW 1.5 billion to H [the name of the company at the time, Co., Ltd.] around February 22, 2008, A was created a claim right of KRW 2 billion (hereinafter referred to as "mortgage right of this case") against six units, including Nos. 1105 through 1110 of the Geumcheon-gu Seoul Metropolitan Government J Building No. 1105 and No. 1110.

After that, Defendant A was the actual owner of H around August 2010.

After having agreed to transfer the instant right to collateral security to the Victim L Co., Ltd. (hereinafter referred to as the “victim”) introduced by K and Defendant B, the Plaintiff sent the instant right to collateral security to his employee at the New Office of the Law Firm in Seocho-gu Seoul Metropolitan Government around August 14, 2010.

In addition, the Defendant transferred the instant right to collateral security to the victim company by delivering the amount of KRW 1,074 billion to the employees of the victim company in cash and check and delivering his seal impression certificate, proxy certificate, and registration certificate of the instant right to collateral security (hereinafter “O”) to the victim company by delivering the registration certificate, etc. of the instant right to collateral security (hereinafter “the instant right to collateral security transfer contract”). Accordingly, Defendant A had the duty to implement the registration procedure for the transfer of the instant right to collateral security to the victim company.

Nevertheless, Defendant A conspired with Defendant B to transfer the instant right to collateral security to another person on the ground that the victim company did not register the transfer of the instant right to collateral security until December 201, and the said right still remains in its name. On December 15, 2011, Defendant A received KRW 500 million from P and completed the registration of the transfer of the instant right to collateral security, thereby completing the registration of the transfer of the instant right to collateral security that was received from the victim company.