Defendants are acquitted.

Defendant A served as the president of the Victim F’s clan from around 1997 to December 15, 2006 (hereinafter “the clan”). Defendant A had been engaged in the management of the clan property and operating expenses while representing the above clan and exercising overall control over the clan affairs. However, Defendant A had a duty of care as a good manager in disposing of the land (hereinafter “instant land”) of the size of 2,469 square meters and 19 square meters and 19 square meters in the area of the clan, Sungnam-gu, the clan Association owned by the clan.

Nevertheless, Defendant A agreed with Defendant B to receive money and valuables from Defendant B and sell the land of this case to Defendant B on the condition that it is remarkably unfavorable to Defendant B’s branch.

Accordingly, on June 10, 1997, Defendant A drafted a real estate sales contract that sells the instant land owned by the clan to Defendant B at nine billion won for the purchase price, Defendant A agreed that the down payment of KRW 900 million and the first intermediate payment of KRW 100 million on the date of the contract, the second intermediate payment of KRW 1 billion on October 10, 1997, the third intermediate payment of KRW 250 million on January 10, 1998, and the remainder of KRW 4.5 billion on June 10, 199, respectively, and the compensation for the instant land will be reverted to Defendant B if the instant land is to be expropriated in the future.

(2) In the event that the land of this case is expropriated, Defendant A entered into the instant sales contract with Defendant B, without considering all the amount of compensation expected to be expropriated, set as the purchase price of the land of this case, and instead, received 1 billion won as part of the purchase price on the date of the contract, and received 1 billion won as part of the purchase price from Defendant B, without considering all the amount of compensation expected to be expropriated, and Defendant A set the amount equivalent to the officially announced price of this case as the purchase price of the land of this case. In addition, Defendant A received 1 billion won as part of the purchase price on the date of the contract, and received 10 million won as the down payment, and the remainder