The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors and legal scenarios) is that the Defendant holds more than 4.8 billion won claims against the victim. The Defendant’s completion of the registration of transfer of ownership in the name of the Defendant’s wife with respect to F apartments 902 and 1002 on the five lots of land outside Seoul Gangseo-gu, Gangnam-gu, Seoul and the five lots of land (hereinafter “instant apartment”). It is not based on the intention of unlawful acquisition, as it constitutes partial repayment of the bonds

Moreover, on November 19, 2007, the Defendant prepared a statement of execution (hereinafter “instant execution statement”) to conclude the existing dispute and to adjust the obligation and obligation between the victim and the victim. On November 19, 2007, the Defendant paid 460 million won to the Defendant and completed the sale of F apartment 17 households (except for 101 and 802 households among total 19 households), the Defendant completed the registration of ownership transfer as to the above 802 units. If the agreement is violated, the Defendant agreed not to raise any objection even if any legal measure is taken.

Since the victim later violated the above agreement (2.460 million won out of the amount of 4.6 million won, and completed the registration of transfer of ownership in the name of living real estate trust company with respect to F apartment 802), the victim cannot raise any objection in accordance with the letter of performance of this case because the defendant transferred the apartment of this case to H as part of the act of aiding and abetting the claim collection, and the defendant's act does not constitute embezzlement.

2. Determination

A. The judgment of the court below on the grounds for appeal also asserted the same purport as the grounds for appeal, and the court below rejected the defendant's assertion after giving detailed explanation of the defendant's assertion and its decision under the title "the judgment on the defendant and his defense counsel" in the written judgment. In comparison with the evidential materials, the judgment of the court below is justified.

The court below's decision.