The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the victim knew of the fact that the defendant completed the registration of the establishment of the third-class mortgage around September 1, 2008 to I, other than the victim, unlike the agreement with A, but the defendant was committed as if the defendant endeavored to implement the payment liability even thereafter, the victim cannot be deemed to have finally recognized the defendant's crime of breach of trust at the time. Thus, it is unreasonable that the victim, who is the non-resident relative of the defendant, was aware of the establishment of the establishment of the above facilities subject to the complaint, immediately after the date when the victim became aware of the establishment registration of the facilities subject to the complaint,

Nevertheless, the lower court dismissed the prosecution on the grounds that the period of filing a complaint against the facts charged in the instant case has expired, by misapprehending the legal doctrine on the degree of the period of filing a complaint subject to victim's complaint, thereby adversely affecting

2. Determination

A. The summary of the facts charged in the instant case is a building company A, and the Defendant is a building owner who constructed a major complex building with a lot of land E in 737 square meters.

On July 29, 2008, the Defendant and A transferred the said E-owned land in the name of the wife H of the victim F and the Defendant’s wife G, which held 1/2 shares in each of the above E-owned land in the office located in Gunposi, to build a new building on the said land, and to obtain a loan from a bank as collateral and to repay the victim with a priority of KRW 500 million. However, in order to secure the payment of the said land, the Defendant and A agreed to set up a third-class collateral security right with a maximum debt amount of KRW 500 million for the victim’s land as a collateral.

On the following day, the Defendant and A have received documents necessary for the transfer of ownership and the establishment of a right to collateral security from the victim in accordance with the above agreement.

7. 30. Since the registration of ownership transfer was completed under the above H’s name, the maximum debt amount of KRW 500 million against the victim as the third priority mortgagee shall be set up.