The defendant shall be innocent.

1. On March 9, 2007, the Defendant purchased approximately KRW 400,00 (hereinafter “the instant forest”) from D offices located in Thai-gun, Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, in collaboration with the victim E, and paid KRW 16,00,000 to the Defendant and the victim for each purchase price. The ownership transfer registration of the said land is under the name of the Defendant, but the ownership transfer registration of the said land was made under the name of the Defendant, and at the later time, an agreement was made to make the victim complete the ownership transfer registration with respect to KRW 20,000,000,000 from the victim and paid the purchase price for the said land to F.

On October 18, 2013, while the Defendant paid the land price to F and did not complete the registration of ownership transfer for the said land, the Defendant, upon receiving a request from the former Defendant and F to cancel the sale and purchase contract for the said land, which was made between the Defendant and F, and then embezzled 60 million won for voluntary consumption, without paying to the victim the amount equivalent to KRW 30 million equivalent to the share of the victim among the above KRW 60 million around October 24, 2013.

2. Determination

A. In the so-called contract title trust, in which a truster and a trustee entered into a title trust agreement and the trustee did not know the fact that the title trust agreement was concluded between the parties and the owner who did not know the fact that the title trust agreement was concluded, the trustee fully acquired the ownership of the real estate in the trust relationship to the truster, and only caused the truster to invalidate