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(영문) 의정부지방법원 2013.11.22 2013노358
업무상횡령
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below rendered a verdict of innocence although it can be found guilty of the facts charged in this case.

2. Determination

A. The summary of the facts charged in the instant case is the chairperson of the D clan from around 2007 to around 2011, who is engaged in the execution of religious services, management of funds and land of the said clan.

On December 29, 2009, the Defendant: (a) without a legitimate clan resolution at the Dongbcheon District Court, the Dongcheoncheon District Court: (b) made the following procedures: (c) on December 29, 2009: (a) 3/4 of the equity share of 661 square meters in the Dongcheon-si, Dongcheon-si, the name of a clan, which was under his business management; (d) 762.75/1677 of the equity share of 762.75/1677 of the G forest; (e) 762.75/1677 of the equity share of 495 square meters in the 165 square meters in the 165 square meters in the I forest land; (b) 3/4 of the equity share of 252 square meters in the 3/594 square meters in the K forest and forest; (c) 3/4 of the equity share of 53/504 square meters in the forest and forest land; and (d) 3013/4 of the real estate ownership of the above real property; (hereinafter referred to 307.7.

B. The lower court rendered a not guilty verdict on the instant facts charged on the grounds of various circumstances as indicated in its reasoning.

C. We examine the above judgment of the court below after comparing it with records, we affirm the judgment of the court below that found the defendant not guilty of the facts charged in this case, and it does not seem that there was an error of law by misconception of facts as alleged by the prosecutor.

On the other hand, in the grounds of appeal, the prosecutor asserts that the real estate in this case against the past AA, etc. was owned by the clan and brought a lawsuit seeking cancellation of the transfer registration of ownership, and therefore, the real estate in this case from the start of the defendant was owned by the clan.

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