The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Summary of Grounds for Appeal

Since the registration of change of the indication of a registered titleholder does not bring any change in the right, there is no property damage if the Ery (hereinafter referred to as the "Ery") and D clan (hereinafter referred to as the "victim clan") are the same clan, and if the Erym and the victim clan were different from the victim clan, the registration of change of the name was made by the victim clan, so it cannot be deemed that the victim clan acquired the ownership of the real estate of this case, and the registration of change of the name was cancelled due to the defendant.

Even if the effect of disposal of property cannot be deemed as property damage due to the occurrence of the effect of disposal, and the defendant did not have the intention of breach of trust because he judged that it was reasonable that the land of this case return to Ein, the true owner.

Judgment

On the other hand, the prosecutor maintained the existing facts charged as the primary facts charged and applied for permission to change the indictment in addition to the ancillary facts charged, and this court permitted this.

However, since the main issues of the primary facts charged and the ancillary facts charged are common, it will be judged together for convenience.

The summary of the facts charged is that the defendant is a director of the victim's clan who is a director of the Embry, and the F, a chairman of the Embry, is a penalty.

The victims of the clans are six members of the clans comprised of H, I, J, K, L, and M, the descendants of G around 1968, and the Escop is a similar clan organization comprised of persons residing in the N of Yangcheon-gu Seoul Metropolitan Government and N of Si/Gun/Gu around 1930 among the above Hmp members and the Kmp members of the Escop around 1930.

From July 10, 1974, the victims of the clan owned 8 lots of land (the total area of 13,790 square meters, hereinafter “instant land”) in the name of Si P, Q, R, R, S, T, U,V, and W from July 10, 1974, but the land was purchased and owned in the name from September 7, 1968.