beta
Text
Defendants are not guilty.
Reasons
1. On August 27, 1971, the Defendants are the members of the FJ (hereinafter “the instant clan”) and completed the registration of ownership transfer in the name of the Defendants, respectively, by receiving from the said clan on August 27, 1971 the share of 15,81 square meters of the three-class G forest owned by the clan and 434 square meters of H forest land (the cadastral supplementary division around 1997, the division from October 10, 207, and the division from G on October 10, 2007; hereinafter the above forest land collectively referred to as “instant real estate”).
While the Defendants kept the above woodland for the clan, Defendant B sold 658,000,000 of the said woodland in the J real estate consulting office located in the public city of Si of Ma on June 16, 2014 in the price for K and L, and embezzled the said woodland on July 25, 2014 by completing the registration of ownership transfer for the said portion of the said real estate in the future. Defendant A sold the said woodland in the above J real estate consulting office in the price for KRW 658,00,000,000, in mind, and embezzled the said woodland by completing the registration of ownership transfer for the said portion of the said real estate on August 25, 2014.
2. At the time of August 27, 1971, there was no agreement that the clan of this case did not exist at the time of the defendants and defense counsel's assertion, and there was no agreement that the real estate of this case shall be the clan property. Thus, the real estate of this case shall not be owned by the clan of this case.
3. Determination
A. Recognition of conviction of relevant legal principles ought to be based on evidence of probative value, which leads to a judge to have a conviction that the facts charged are true beyond a reasonable doubt. Therefore, if there is no such evidence, it shall be determined with the benefit of the defendant.
A clan or a literature is a natural group of the clans, so it does not require any special organization, but requires any rules of the clan or any independent family member, or it is a representative appointed by special rules or a funeral according to custom.