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(영문) 전주지방법원 2017.08.16 2017고단233
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a member of the clan of “G” (J) at the seat of the Gu, and the said clan is a naturally created clan group with the purpose of promoting the service of the ancestor and the protection of seedlings and the harmony among members by grouping seven members I.

“G” around September 14, 193, around 193, registered the name of the owner as K in order to prevent descendants from selling the said clan properties at will, while purchasing 1,139,802 square meters of J-gu, Yandong-gu, Yandong-gu, Yandong-gu, Seoul.

Although the Defendant discussed to sell the property of the said clan in G, the majority of the executives of the said clan oppose it, using the fact that the name of the owner of the said clan was "K" for the purpose of selling the property of the said clan and using that money, the Defendant was the representative of L around August 7, 2015, and the director of the said clan made an association with no capacity to have the same rights as the name of the owner of the said clan, and was appointed as the representative of the association with no capacity to have the rights of the said clan as "M" around September 21, 2015.

1. Although the Defendant, on August 7, 2015, entered in a false electronic record, etc., around 18:00, the Defendant: (a) had not decided to divide and sell the said clan property, the Defendant held the board of directors, which is an unincorporated association of the same clan, and made a resolution to sell the remainder other than the area where the ancestor’s graves were installed, among the said clan property, in the name of “M”; (b) prepared the minutes of the board of directors’ meeting in the name of “M”; and (c) around March 4, 2016, from “a certified judicial scrivener office located in Seo-gu P in Seo-gu, Seodong-gu, Seoul; and (d) sold 1.327,276 square meters (a approximately 2.22 million square meters) of the land sold to S in the name of “M” and the remaining amount of KRW 1100 million out of the purchase price shall be transferred to the account in the name of “M” and the remaining forest.

The defendant shall adopt the above resolution of the board of directors.

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