The defendant shall be innocent.

1. The summary of the facts charged is that the defendant is the son of the deceased C, and the deceased on December 25, 2002 while he was trusted with the name of the 334mm2 in the wife E, F 199m2 (hereinafter "the land in this case") in the name of the defendant in order to clarify the purpose of the trust name around December 23, 199, with the opportunity of the deceased C to serve as the president of the clan D8 bad debt (hereinafter "family") around August 31, 199, and registered the transfer of ownership at around that time in the name of the clan and kept for the clan. The clan had a certificate of registration of the right to the land in this case and completed the registration of the establishment of the right to collateral security in the name of the deceased, including G, in order to clarify the purpose of the trust name around December 23, 199, and sent it to the defendant about October 10, 2007.

Nevertheless, on March 2, 2007, the Defendant embezzled the registration of the right to collateral security of the maximum amount of KRW 117 million to the present agricultural cooperative around March 25, 201, the registration of the right to collateral security of KRW 26 million to the present mother agricultural cooperative around December 6, 201, and the registration of the right to collateral security of KRW 60 million to H and two other persons on February 5, 201, respectively, by making a registration of the right to collateral security of the maximum amount of KRW 60 million to the Defendant’s personal obligation without having refused to return it.

2. Determination

A. According to the certified copy of the registry, a list of the water compensation prices for construction support points, a copy of the passbook for the payment of clan property tax, and a witness G’s statement in the fourth public trial protocol, etc., a clan received KRW 91,437,00 on August 25, 199 with the compensation for expropriation for each part of the land of the Republic of Korea, the clan received KRW 91,437,000 on August 25, 199. As to the land of this case, a sales contract was concluded between L and L on August 26, 1999, and L, a seller of the land of this case, stated to the purport that “the land of this case was sold to a clan” in this court, and as to the land of this case, the debtor of December 23, 199 and the mortgagee of the right to collateral security.