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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[Criminal record] On September 26, 2012, the Defendant was sentenced to eight months of imprisonment for fraud in the Busan District Court’s Vice-Support, and the judgment was finalized on January 18, 2013.
[2] The defendant is a person who was the representative of the victim F clan from the end of 2007 to October 2010, and is a victim's 6,507 square meters of G forest (division into G and H on March 2009; hereinafter "No. 1 forest") and 3,779 square meters of I forest land in Yangju-si (hereinafter "No. 2 forest") in each forest of this case (hereinafter "No. 1 and 2 forest") in the disposition of the victim's property (including the case where ownership of real estate in the name of a person other than a clan is registered), and there was a duty to dispose of the victim's property after a resolution of a legitimate clan general meeting of clans and to take necessary measures to prevent damage to the victim due to the disposal of the property.
In addition, on November 2008, 17 members of the victim's clan were male members as of November 2008, and 25 members were included in female members, and on November 2008, Article 9 of the Rules of the Victim's clans provided for in Article 9 of the Rules of the Victim's clans shall be determined by the resolution of the general meeting.
Article 18-2 of the Rules of the clan provides that "The acquisition of the disposal of property and the amendment of the Code shall be passed by the election of not less than 2/3 of the attendance of not less than 2/3 of the members."
On November 208, most of the final members opposed to the establishment of charnel houses by disposing of each forest of this case owned by the victim.
Nevertheless, as the clan members agreed to dispose of each forest of this case and establish a charnel, the Defendant falsely prepared the minutes of the clan general assembly, and used them, and tried to transfer each forest of this case to another person's name to promote development activities.
The defendant is true at a place where it is unknown on November 16, 2008.