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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence presented by the prosecutor's summary of the grounds for appeal, the court below acquitted the defendants of all the facts charged of this case on the ground that the defendants violated the occupational duty that should preserve and manage the right to collateral security of KRW 3,00,000 for the clan and thus, it could sufficiently be recognized that the above right to collateral security of KRW 710,816,000, which acquired property benefits equivalent to the above right to collateral security value of KRW 710,816,000 for the clan and sustained damages equivalent to the E clan.
2. Determination
A. The summary of the facts charged in the instant case was engaged in managing the property of the clan from 2001 to 2006 and from 2010 to 2011.
Defendant
A purchased land from G to H5 (hereinafter collectively referred to as the “the land of this case”) from the Defendant’s funds of the Republic of Korea around November 2005, the Plaintiff purchased the land of this case from the Defendant’s wife population G to H5 (hereinafter collectively referred to as the “the land of this case”). However, on November 29, 2005, it was not possible to register the transfer of ownership due to the land within the land transaction permission area, and on November 29, 2005, the Plaintiff was established with the lower right of claim amounting to KRW 3,00,000 under the name of the Defendant for the land of this case (hereinafter referred to as the “mortgage of this case”). Therefore, a person managing the property of the clan of this case, who is a manager of the property of the clan of the clan, was
Nevertheless, Defendant A borrowed KRW 400,000,000, which is to be used as election expenses for the president of Defendant B’s clan from I in violation of the above duties, with intent to utilize the instant collective security right as security on July 22, 2011, Defendant A transferred the instant collective security right to J and K Co., Ltd. (hereinafter “K”) for the purpose of securing one-half share, and acquired pecuniary benefits equivalent to the security value of KRW 710,816,00,000, which is the value of the instant land, and sustained damage equivalent to the same amount of clan E.
Defendant
B, C, and D are around July 22, 201.