The Defendant is not guilty. The summary of the judgment of this case is publicly notified.

1. The summary of the facts charged in the instant case is as follows: (a) on July 10, 2008 with the victim C, the Defendant invested KRW 170,000,000 in 40,000, and jointly purchased KRW 90,000 by borrowing KRW 40,000,000, respectively; and (b) on the sole basis, the Defendant registered the ownership transfer registration under the name of the Defendant alone, and the Defendant was in custody of 1/2 shares of the said real estate for the victim.

On October 12, 2010, the Defendant established the right to collateral security of KRW 52,00,000 with a maximum debt amount to E at his/her discretion on the said real estate, which was kept by a certified judicial scrivener office located in Incheon, for the victim as above, at the office of a mutually unsound certified judicial scrivener in Incheon. On May 18, 2011, the Defendant arbitrarily embezzled the amount equivalent to KRW 32,00,000 with a maximum debt amount of KRW 12,00,000 with a maximum debt amount of the Incheon Credit Guarantee Foundation.

2. The prosecutor charged the above real estate under the premise that the Defendant and C jointly purchase the above real estate and the Defendant keep one half of the above real estate.

On the other hand, in the real estate sales contract under the so-called "title trust", since the seller's good faith or bad faith is not recognized as the custodian of the title trustee, the embezzlement cannot be established.

(See Supreme Court Decision 201Do7361 Decided November 29, 2012 (see, e.g., Supreme Court Decision 2011Do7361, Oct. 29, 201; Supreme Court Decision 2009Do4501, Sept. 10, 2009; Supreme Court Decision 2009Do4501, Sept. 10, 200). Furthermore, each evidence submitted by a prosecutor alone

Rather, in light of the witness F’s respective legal statements, since the parties to the above real estate sales contract can be confirmed as the Defendant and F, it is reasonable to conclude that the Defendant alone purchased the above real estate, the above title trust agreement constitutes so-called “title trust”.

Therefore, the defendant.