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The defendant shall be innocent.
Reasons
1. In the facts charged, around November 28, 2008, the Defendant and F of the clan made a transfer of ownership to the Defendant and F of the clan on the ground of donation of 3,283 square meters of the land owned by the same clan, the land owned by the same clan, and 3,659 square meters of the woodland, and on April 28, 2009, the registration of the transfer of ownership was made to the Defendant and F of the clan G who are the victims of the same clan on the ground of this donation.
On September 9, 2014, the Defendant, through I, put the victim's home at the victim's home located at H at the beginning on September 1, 2014, sold the land to the victim at KRW 52,00,00 as he would have been under pressure. The Defendant would sell the land at KRW 52,00,00, and would offer 32,00,000 for shares of KRW 1/3.
The phrase “ makes a false statement.”
However, in fact, even if the defendant sold the above land and received the payment of the purchase price, he thought that he did not pay all the money to the victim by borrowing the above land actually from a clan.
Around September 22, 2014, the Defendant, by deceiving the victim, had the victim complete the registration of the transfer of ownership with respect to one-third of the said two parcels of land.
2. Determination
A. Comprehensively taking account of the evidence duly examined and adopted by this court, such as the victim's statement, K's statement, minutes of special clan general meeting, L's confirmation document, etc., the land of this case is recognized that the ownership of 1/3 of the land above the land owned by the clan and the victim was entrusted in the future according to the resolution of the above clan, and that the defendant, upon delegation by the clan, sold the above share under the victim's name to a third party.
According to the above facts, the victim or I is not the owner of the above land's share, and the victim or I is only obligated to return the above land's share to the above clan according to the cancellation of trust in the name, and the above clans share in the land.