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(영문) 서울고등법원 2013.09.27 2013노1115
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. According to the evidence submitted by the prosecutor, the court below found the Defendant not guilty of KRW 1,101 square meters (hereinafter “M cemetery”), 2,777 square meters (hereinafter “N forest”), 793 square meters (hereinafter “O forest”), 40,579 square meters in Seoul Seocho-gu Seoul Seocho-gu P forest (hereinafter “O forest”), while the Defendant kept or managed the clan or H as a joint clan group set up in Seocho-gu Seoul, Seocho-gu and J members of L clan, who were actually the descendants of the same clan, living in Seocho-gu, Seoul, and registered with the property of the clan (hereinafter “M cemetery”), which was

2. Before the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor examined the facts charged against the defendant in the judgment of the court below, and the prosecutor applied for changes in the indictment from the annexed Form 1 to the annexed Form 2, and since this court permitted changes in the subject matter of the judgment, the judgment of the court below is no longer maintained.

However, despite the above reasons for ex officio destruction, the prosecutor's above reasons for appeal are still meaningful, so it will be examined separately in the below.

3. Judgment on the grounds for appeal

(a) A clan or a clan is a natural group of clans, so it does not require any special organization, but requires any rules of the clan or any independent family member.

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