If the defendant does not pay the above fine, 100,000 won shall be one day.

From 2006, the Defendant was a person who had been working for the general affairs of the clan of the Victim C, and has been managing the overall affairs of the clan, including the management of the property of the clan, along with D, according to the above clan regulations.

According to the above clan rules, in order to determine the matters concerning the management of all property, such as the real estate and cash of the clan, the attendance of a majority of the total members and the consent of 2/3 or more of the members shall

Nevertheless, the defendant, by using the fact that the E land in the name of the defendant was previously owned in the name of the defendant before that time, was gathered to sell the above land without going through the procedures in accordance with the clan rules with the above D, and entered into a contract to sell the above real estate to F for the sale price of KRW 41.6 million without going through the procedures in accordance with the above clan rules on December 8, 2012, and completed the registration of ownership transfer to F around the 24th of the same month.

Accordingly, the defendant, in collusion with D, acquired financial benefits equivalent to the above amount, and caused damages equivalent to the same amount to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Each police suspect interrogation protocol regarding D;

1. Summary order;

1. Application of Acts and subordinate statutes to clan rules and entire registered matters;

1. Article 356 of the Criminal Act and Articles 356, 355 (2) and 30 of the Criminal Act concerning the applicable criminal facts, the selection of fines, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant: (a) donated the instant land to H in Jinjin-si E (hereinafter “instant land”); (b) around 1995, it was registered under the victim’s name; (c) and (d) upon the request of D to return the instant land to D, D sells the instant land with the consent of its members, as it was erroneous.