The defendant's appeal is dismissed.

1. The testimony of the defendant is not false, but is merely a similar organization to the clan of this case, even if it is false, it is merely a legal judgment that the defendant testified that he has no substance of the clan of this case.

2. (1) In full view of the evidence duly adopted and examined by the lower court, the following facts can be recognized.

① The instant clan is a clan similar organization that is composed of descendants residing in the Young-gun F among the descendants of the E, who are 21 years of age of C, and was established through a series of organized acts, such as the enactment of the clan regulations and the selection of representatives, etc. at the extraordinary general meeting of August 10, 1979 and January 10, 1981. From that time, the Defendant was holding a certain organization as a non-corporate group and continued activities inside and outside the country. The Defendant was holding the general meeting from August 10, 1979 to July 10, 1997, as the president, who is the representative of the instant clan.

② Until the Defendant was suspected of embezzlement of 46 million won of the clan, the Defendant actively exercised his authority as the representative of the clan by filing a lawsuit or responding to the lawsuit in order to protect the property of the clan of this case. The Defendant, in collusion with some members of the clan, has registered cancellation of the ownership transfer registration of the land in the name of the clan of this case in collusion with the registration of cancellation of the provisional disposition prohibiting the disposal of the name of the clan of this case on July 8, 2004, which caused damage to the clan of this case by the registration of cancellation of the provisional disposition prohibiting the disposal of the name of the clan of this case on the land in the name of the members of the clan of this case. The judgment was sentenced by the Seoul Central District Court of Seoul on October 15, 2004 to the punishment of imprisonment of 1 year and 6 months.

③ On March 27, 2012, the Defendant (Seoul Eastern District Court Decision 2011 High Court Decision 2849 Decided 201, G of Seoul Central District Court Decision 2011 High Court Decision 201Da11788 Decided June 9, 201.