The land ownership of the above clan was registered in the name of H at the time of the land investigation division. Since around 1965, the above clan was registered in the joint name of I (Defendant B’s father), J (Defendant C’s father), and Defendant A who used the above land. From around 2006, Defendant B and C received inheritance and was registered in the joint name of the Defendants, the above clan was in the process of selling the above land around December 4, 2006, and received KRW 10 million from K, and deposited the purchase price of KRW 80 million from which the purchaser received KRW 10 million, and deposited it into the fixed deposit account established under the joint name of the Defendants, the above registered titleholder, and thereby, the Defendants kept the ownership of the said land.

On April 9, 2012, the Defendants conspired to withdraw and divide the above KRW 80 million from the Defendant’s account at will, and around April 9, 2012, the Defendants transferred KRW 95,525,646, total amount of principal and interest on the term deposit to each of the Defendants’ accounts by voluntarily terminating the contract from the Nasan Agricultural Co., Ltd., Ltd., which is located in the Masung-si death and Masan-si (hereinafter referred to as the “Masung-si”), and then transferred KRW 31,04,902 out of the remainder other than taxes.

As a result, the Defendants conspired and embezzled 93,134,706 won in cash owned by the victim.

2. Determination:

A. The facts charged of this case are as follows: (a) around 1965, the victim species trusted the instant land to the Defendants; and (b) the Defendants, a title trustee, deposited KRW 80 million out of the purchase price into the account of a term deposit under the joint names of the Defendants and embezzled by arbitrarily terminating and using the instant land for the sake of the victim’s clan.

Therefore, in order to establish embezzlement against the Defendants, the fact that the owner of the instant land is the victim of the clan and the instant case.