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(영문) 전주지방법원 2017.12.07 2017노1257
공전자기록등불실기재등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1, the complainant of “G clan” (hereinafter “G clan”) falls under a clan of a unique meaning, which is not a clan, but a similar organization of a clan, the unique meaning of which the Defendant’s representative (hereinafter “M”) represents the members of the clan, and thus, the forest of this case cannot be deemed as the ownership of G clan.

Therefore, the defendant, as the representative of M, sold the forest of this case where the ownership had been completed in the name of "M", and filed for registration of transfer of ownership and establishment of a right to collateral security by agreement with S and completed each of the above registrations does not constitute the crime of re-performance of electronic records, etc. and the crime of e-mail, such as false electronic records, etc.

B) The Defendant has the authority to dispose of the instant forest land to himself.

After concluding a sales contract with S in trust, the registration of ownership transfer and the establishment of a collateral security has been applied for, and the defendant has the awareness of intention or illegality.

subsection (b) of this section.

2) The sentence of the lower court’s unfair sentencing (one year of imprisonment, two years of suspended sentence) is too unreasonable.

B. The Prosecutor’s above sentence is too uneasible and unreasonable.

2. Defendant who misleads the fact;

A. The Defendant made the same argument in the lower court’s judgment regarding the assertion. Accordingly, according to the evidence duly adopted and examined by the lower court, the lower court: (a) established the office in the Yansan-gu AA as an organization consisting of the 7th class members of G, the 7th class members of G; (b) managed the graves and the clans of the Si that is located in the forests and fields of the preceding AA; (c) established the rules of the clan in G clan; (c) held a general meeting and the board of directors; or settled accounts for the clans properties; and (c) appointed the officers and actually performed activities.

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