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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the Prosecutor, according to the gist of the grounds for appeal (misunderstanding of facts), the Defendant is recognized as a person who keeps the inheritance share and N’s inheritance share (hereinafter “the inheritance share of S, etc.”) purchased from S, and the N’s inheritance share (hereinafter “the inheritance share”).
2. Determination
A. The following facts are maintained as the prosecutor’s ex officio determination of the facts charged of this case, while maintaining the name of the offense as the primary facts charged in breach of trust and application of the law as the preliminary offense: Articles 355(2), 30, 37, and 38 of the Criminal Act; and the facts charged:
2.(c)
1) As stated in the Paragraph, an application for changes in the indictment was filed with the same content as the conjunctive charge added, and this Court permitted the application, thereby adding the subject to the trial.
Therefore, the reasons for the prosecutor's appeal against the primary facts charged and the ancillary facts added in the trial of the party are examined in order.
B. 1) On September 25, 197, the summary of the facts charged in this part of the facts charged, the Defendant’s father died and registered ownership transfer by inheritance shares on January 23, 1990. On March 8, 1990, the Defendant’s mother and his sibling registered ownership transfer of each real estate in the name of the victims, following the completion of the registration of ownership transfer in the name of the Defendant for each real estate that was owned by the Defendant on September 25, 197.
around May 12, 1991, in Seoul Special Metropolitan City, the Defendant, M, N,O, P, Q and Defendant’s wife S, etc., who is his/her child, are gathered in order to consult on the distribution of inherited property by the network J, and ① Category III K, T, U,V and W, the son S, the son of which hold ownership, ② X,Y, Z, AB, AB, AC, AC, AD and AE, the wife AF (Death on November 9, 2004), the wife AF (Death on November 9, 200), 20% of female N, 11% of the son, and 48% of the son Defendant, and the remaining 48% shares.