In the event that a provisional registration of the right to claim ownership transfer has been made to another person on the real estate held in title trust, the crime of embezzlement is committed (affirmative)

If the defendant borrowed money from the non-indicted person in violation of the trust relationship with respect to a tenement house, the ownership transfer right preservation by the promise for sale and purchase has been made in the name of the defendant, and the provisional registration of the ownership transfer right preservation by the promise is made in

Article 355(1) of the Criminal Act

Defendant

Busan District Court Decision 80No326 delivered on March 29, 1981

The appeal is dismissed.

The grounds of appeal are examined.

In full view of the evidence of the first instance court maintained by the court below and the testimony of the witness non-indicted 1, 2, 3, etc. of the court below, the defendant made a preservation of ownership in the name of the defendant for one household of the above non-indicted 1 living together with the non-indicted 1 from around June 1978 and the non-indicted 1, 2, and 3, etc. of the above non-indicted 1 in the name of the defendant from around January 1, 1979. The registration of ownership preservation in the name of the defendant was made through the above non-indicted 1's title trust in violation of the above non-indicted 1's trust relation, although the defendant borrowed 5,00,000 won from this non-indicted 1 and the above non-indicted 1, 2, and 3, etc. of the above non-indicted 1, the court below confirmed this fact and confirmed it as embezzlement, and there is no error of law by misunderstanding the legal principles as to the crime of embezzlement.

The issue is groundless.

Therefore, the defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Il-young (Presiding Justice)