특정경제범죄가중처벌등에관한법률위반(횡령)
The prosecutor's appeal is dismissed.
1. The court below determined that there was a resolution of the victim's clan on the disposition of the land in this case, since there was no legitimate resolution of the victim's clan in collusion with G, etc. on the disposition of the land in Ulsan-gu E (hereinafter "the land in this case") kept for the victim's clan, the court below erred in the misapprehension of facts that there was a resolution of the victim's clan on the disposition of the
2. According to the evidence duly adopted and examined by the court below, the victim's clan title trust of this case in the name of the defendant's father G and other clan members than the defendant's father, and on February 7, 2007, the defendant, together with G, etc., sold this case's land to the Sung-dong Co., Ltd. for the purchase price of KRW 904,715,625.
2. The fact that the instant land was disposed of after completing the registration of ownership transfer on 15.10, and the fact that the Defendant arbitrarily used KRW 305,350,00 (including KRW 25,000,000,000, which was paid by the Defendant to the said G) out of the above price.
However, in light of whether the Defendant conspired with G, etc. to dispose of the instant land in collusion with the victim’s clan at will without the victim’s resolution, there was no specific resolution of the victim’s clan to dispose of the instant land in the sexual intercourse with the victim’s clan, and there was no agreement between the victim’s clan and the title trustee on the compensation for the trust in the name of the title trustee in disposing of the instant land, and there was no other evidence to acknowledge this otherwise.
The victim's family has protected the above U's graves from before it was set up as a clan group consisting of descendants who set up the U.S. descendants and removed them each year.