횡령
All appeals filed by the prosecutor against the Defendants are dismissed.
1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);
A. According to the statement of the J, L clan is a non-corporate clan that has organization in accordance with the rules of the clan and continues to engage in continuous activities, such as raising a trial system each year, and is therefore a non-corporate clan.
Even if the J’s statement alone is insufficient to recognize L clan’s existence, the lower court did not confirm the statements of other members of the same clan and did not recognize the existence of the said clan’s existence. In so doing, the lower court erred by failing to exhaust all necessary deliberations
B. In full view of the fact that each real estate of this case was registered under the joint signature of three members of the same clans, and that taxes were paid under L in the name of L on the real estate taxation details of each real estate of this case, each real estate of this case is owned by the same clan, and was trusted to the defendants (including the original co-defendant B).
Nevertheless, the lower court erred by misapprehending the facts charged against the Defendants or by misapprehending the legal doctrine, which affected the conclusion of the judgment.
2. The summary of the facts charged is that the Defendant, as a member of the victim D clan on January 13, 1982, was a member of the victim D clan, and the registration office of the Jeonju District Court located in the Jeonju District on January 13, 1982, held in title the victim under a title trust of the victim with the size of 1524 square meters and 1,489 square meters (hereinafter “each real estate of this case”) prior to the Yju-gun, Jeonju-gun, the victim owned from the victim, and the Defendants owned
Defendant
A around December 28, 2011, the Defendant embezzled the Defendant’s share in the instant real estate for the sake of the victim by selling one-third of the co-owners’ share in the instant real estate to G to KRW 24,104,00, at an office where it is impossible to know the name near the Jeonjin-gu Seoul District Court in the Jeonjin-gu, Seoul District Court. On the same day, the former District Court registry made a registration of ownership transfer for the said share to G, thereby embezzlement.
B. Defendant C is not aware of the trade name below the Jeonju around April 23, 2013.