The defendant shall be innocent.

1. On October 20, 2010, the Defendant: (a) at the Daejeon District Court Branching Branching Registry of the Daejeon District Court located in 17-No. 7-gil, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) completed the registration of ownership transfer under a title trust with the victim D; (c) completed the registration of ownership transfer under the name of the Defendant.

Accordingly, while the Defendant kept the above real estate for the victim, the Defendant embezzled the above apartment by selling the above apartment to I in the "Licensed Real Estate Agent's Office" located in Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, in addition to the amount of KRW 15 million to be paid for the apartment price, and then selling the apartment at KRW 82 million to I after completing the registration of ownership transfer on November 9, 2010.

2. In a case where a title truster and a title trustee entered into a contract under a so-called contract title trust agreement to purchase real estate from the owner, and the title trustee completed the registration of ownership transfer of the relevant real estate pursuant to such contract, the title trustee cannot be deemed to be in the position of “a person who keeps another’s property” in the crime of embezzlement in relation to the title truster, and the title trustee’s arbitrary disposal of the real estate does not constitute embezzlement in relation to the title truster (see, e.g., Supreme Court Decisions 98Do4347, Mar. 24, 200; 2011Do7361, Nov. 29, 201; 2010Do10515, Dec. 13, 2012). As to the real estate purchased by the title truster, the title truster violates the Act on the Registration of Real Estate under Actual Titleholder’s Name.