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Defendants are not guilty.
Reasons
1. Defendant A shall be the victim’s clan members, and Defendant B shall be the children of Defendant A.
Defendant
A around March 1994, it was kept in custody in the name of one half of the shares of the victims' clans in the name of the Sincheon-gun E, F, and G land.
In March 2015, Defendant A was demanded by the victim clan to return the above land, and Defendant B and the above land were to be transferred to Defendant B in order to avoid this, and to not comply with the request for the return of the land of the clan.
According to such a mother, the Defendants completed the registration of ownership transfer with the content that, around April 6, 2015, they donate one half of the above three parcels in the name of Defendant B to the Defendant at the Gohap-gun registry office located in Dongcheon-gun, Dongcheon-gun. The Defendants did not comply with the demand for the return of the clan members’ land without justifiable grounds.
As a result, the Defendants conspired and embezzled the property owned by the victim clan.
2. The gist of the defendant and his defense counsel's assertion is that the land of the Gyeongcheon-gun E, F, and G (hereinafter "each land of this case") in which the defendant Eul held 1/2 shares as of the point of view is the clan property of D clan (hereinafter "the clan of this case"). However, since the members of the clan (H, I, andJ) who are not the clan arbitrarily represent the clan without legitimate authority and demanded the return of each share of this case, they refused it, they did not have any intention of unlawful acquisition.
3. Determination
A. On March 2015, as indicated in the facts charged, it is insufficient to recognize that there was a legitimate resolution of the clan of this case as to whether Defendant A had been made for the purpose of demanding the return of shares in the name of Defendant A with respect to each land of this case. It is insufficient to recognize that the testimony of the witness I who is the cause of the clan of this case was a legitimate resolution of the clan of this case, and it is otherwise recognized.