The prosecutor's appeal is dismissed.

(2) On August 14, 2013, G, C, and the Defendant: (a) entered into a performance agreement stipulating that “The amount of debt against C to secure the Defendant’s claim shall be KRW 150 million with the maximum debt amount of KRW 200 million with respect to the instant building; (b) on September 2, 2013 in the name of G, the preservation of ownership on the instant building was completed; (c) the mortgagee set up a right to collateral security (hereinafter the instant right to collateral security) with the Defendant’s wife, the maximum debt amount of KRW 150 million with respect to the instant building; and (d) on December 1, 2014, K acquired the registration of ownership transfer on the instant building on January 14, 2014, and completed the registration of ownership transfer on the instant land by winning a bid of KRW 13 million with the maximum debt amount of KRW 13 million with respect to the instant building on December 19, 2014.

On January 24, 2017, the Defendant, at the home of the Defendant, Jung-gu, Incheon Metropolitan City M and Nho, transferred KRW 98.5 million from the above K to the account in the above L’s name in return for cancelling the right to collateral security, and embezzled KRW 49.25 million (98.5 million *1/2), which is the victim’s share, for the victim, voluntarily consumed the Defendant’s debt repayment on the same day.

2. According to the summary of the grounds for appeal, the contents of the civil judgment, the testimony of C, etc., it is recognized that the previous claims secured by the right to collateral security and the right to collateral security are the same claims.

Therefore, a consignment relationship between the victim and the victim is recognized for a half of 98,50,000 won, which the defendant received in return for cancelling the right to collateral security.

Nevertheless, the judgment of the court below which acquitted the victim of the facts charged in this case on the ground that it is insufficient to recognize that the above 4,9250,000 won had a consignment relationship with the victim.

3. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as follows: ① The registration of the previous right to collateral security is in progress with the auction procedure.