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Defendants shall be punished by imprisonment for not less than five months.
However, for one year from the date this judgment became final and conclusive against the Defendants.
Reasons
Punishment of the crime
Defendant
B is the head of the F F (hereinafter referred to as the "mast")'s clan, and the defendant A is the head of the clan.
Defendant
B since around 2007, since the management of the property owned by the clan as the clan's chairperson, there was a duty of care as a good manager as well as the rules of the clan or the resolution of the general meeting of the clan in dealing with the affairs of management and disposal of the property.
However, Defendant B violated this duty on August 2009, and the “Seoul-gun G”, which is the property owned by a clan, (hereinafter “instant real estate”), decided to transfer ownership to A without the resolution of the general meeting of clans, etc. on the ground that the ownership of the Defendant A was merely a clan in the course of completing the registration of ownership transfer in accordance with the former Act on Special Measures for the Transfer of Real Estate Ownership (Act No. 3562) in 1985, on the ground that the ownership was unregistered real estate owned by H and its bereaved family members, which is the property owned by the clans (hereinafter “instant real estate”). Defendant A, despite being aware that there was no resolution of the general meeting of clans, intended to transfer ownership.
On November 25, 2009, the defendants had 100 members of a clan and 6 members of a clan attend the general meeting of a clan to appoint A as the representative of the above real estate although they did not have held the general meeting of a clan for the disposal of the above real estate at the Gosung-gun's Godong registry on November 25, 2009, the defendants submitted a false clan resolution and a real estate sales contract stating that the above real estate was sold to A, and transferred the ownership of the above real estate to A on November 26, 2009.
As such, the defendants violated their duties to follow the resolution of the general meeting of clans in collusion for the management and disposition of the clan properties.