업무상횡령
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
1. 공소사실의 요지 피해자 ‘C 문중’ 은 D 공파의 후손 중 65세( 六十五世) 인 E의 후손들이 E의 분묘를 수호하고 제사를 봉행하기 위하여 경주시 F 지역에 살고 있는 위 E의 후 손들 로 구성된 소종 중이다.
Defendant A as the 6 bad debt of the above E, died of G referred to around April 26, 1993, and managed the property of the victim clan jointly with the Defendant around August 7, 2008.
As H dies, the above victim's family property was managed independently from that time.
① From March 17, 2005, the Defendant: (a) around March 17, 2005, up to 9,030,750 won in cash, including KRW 13,351,40, and the total amount of KRW 13,382,150, and KRW 22,382,150 in cash; (b) around December 27, 1993, the Defendant registered the preservation of ownership under the Defendant’s name; (c) from H around January 22, 2007, the Defendant registered the ownership transfer of the remainder of the racing under the Defendant’s name on the grounds of inheritance from H around May 18, 2007; and (d) registered the ownership transfer of the Plaintiff’s clan in the name of each of the victims.
Nevertheless, from January 26, 2009, the Defendant rejected the return of the above money and land from K, the representative of the victim clan, even though he received a request from K to the present day, without justifiable reasons.
2. Summary of the defendant and his defense counsel
A. Since the victim's "C literature" is not a unique species as stated in the facts charged, it cannot be recognized as the facts charged of this case premised on the fact that the victim is a clan.
Rather, the injured party was living F
B. The cash and 1,005 square meters (hereinafter “I land”) stated in the facts charged in the instant case on the premise that it is a paper.