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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) the F 11 bad debt G 11 bad debt (hereinafter “the clan of this case”) specified as the victim did not have the substance of a clan, and each land (hereinafter “each land of this case”) as stated in the indictment is inherited from the father and the defendant inherited. Even if each land of this case is the land of a clan, the defendant was aware that each of the land of this case was owned by the clan, and therefore there was no intention of embezzlement.
The argument is asserted.
2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the defendant defendant's above assertion is without merit.
A. In full view of the following facts and circumstances, it is reasonable to see that the clan of this case constitutes a clan with its unique meaning.
1) F. F. F. M. G 11 bad debt: (i) i) 1977 prepared and kept a book of receipt and disbursement of money for the operation of a clan; (ii) on March 12, 1994, the Assembly held a meeting on March 12, 1994, and “this clan refers to G 11 bad debt substitute.
The main purpose of "the services of the shipbuilding", "the protection of graves and friendship between their members," and "the multiplication and management of the clan property" is to promote the friendship of their members.
“The Code, the main contents of which are “,” (hereinafter “the Code of 1994”), was enacted; iii) applied for the issuance of a registration number for the registration of real estate by making a representative of AH as the head of Si/Gun/Gu; iv) held a presidential assembly at the beginning of the year in October every year, held a presidential assembly at the beginning of the year; and around the year in 2012, the funeral was transferred from Hongcheon to ordinary level.
2) On February 16, 2012, the AP clan enacted the AP clan Rules (hereinafter “the 2012 Code”) with 25 members of the FM descendants. From among the clan real estate stated in the 1994 Code, the AP clan was established.