1. The Defendant is not guilty. 2. The Defendant publicly announces the grounds for the judgment of innocence.

1. Around 192, the summary of the facts charged is as follows: (a) the Defendant: (b) registered ownership preservation in the name of the Defendant on April 24, 1997 with respect to the Mapo-gu Seoul Mapo-gu Seoul and the F apartment 1402 (hereinafter “instant apartment”) that was sold by the Victim C; (c) sold the apartment to I without the Victim’s permission at the office of “H Licensed Real Estate Agent” (103) and embezzled the apartment at KRW 180 million without the Victim’s permission.

2. Determination

A. The crime of embezzlement is established when a person who keeps another’s property embezzled such property. According to Articles 2 subparag. 1 and 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, where a truster and a trustee enter into a title trust agreement with the owner who was unaware of the fact that the title trust agreement was made by becoming a party to the agreement, and thereafter, a trustee entered into a title trust agreement with the owner who was unaware of the fact that the agreement was made, and then completed the registration of ownership transfer pursuant to the contract, the change in real rights to the relevant real estate is valid. Meanwhile, the title trust agreement between the truster and the trustee becomes null and void. Thus, the trustee cannot be deemed to have acquired the ownership of the relevant real estate as well as the former seller, and therefore, the trustee cannot be deemed to have acquired the ownership of the relevant real estate effectively in relation to the truster (see, e.g., Supreme Court Decision 98Do4347, Mar. 24, 200). This is applicable even in cases where a title trust agreement was made before the above Act

[Article 2 (2) of the Addenda to the same Act (No. 4944, March 30, 1995)] (b)

The facts charged are the registration of ownership preservation in the name of the defendant on April 24, 1997 with respect to the apartment of this case that the defendant purchased in accordance with the victim C and the title trust agreement around 192.