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(영문) 대구지방법원 김천지원 2016.06.30 2016고단27

공전자기록등불실기재등

Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of one million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A is a pastor belonging to D, who is the chief of the KCA, and the defendant B is the chief of the KCA.

On February 7, 2015, D decided to suspend the duties of the entrusted pastor F of the E church belonging to the above church on February 7, 2015, and Defendant A sent Defendant A to the above church as a chairman of the church around July 2015.

The Defendants thought that the above F and its members left the above religious order, and that in order to prevent the above F from disposing of the real estate owned by the church, they received a provisional registration for the above real estate in their name.

On August 11, 2015, the Defendants conspired to enter the fact through a certified judicial scrivener G at the Daegu-si District Court registry of the Daegu-U.S. District Court, which was in the valley of the Si-U.S. Si around August 11, 2015, the Defendants: (a) concluded a sale and purchase contract with Defendant B; or (b) did not adopt a resolution of the general meeting of the above church on the provisional registration of Defendant B; (c) but (d) filed an application for the registration of the right to request the transfer of ownership based on the pre-sale under the name of Defendant B with respect to the land and the five parcels of land outside the Gu-U.S., Si-si and the above building, which is the owner of the above E branch; and (d) had a public official belonging to the above registry office enter the

Summary of Evidence

1. Defendants’ legal statement

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to each investigation report (the results of the call of the head of office of a certified judicial scrivener G office, I telephone call, registration certificate attached, whether a party meeting is held, response to inquiries concerning the minutes of an existing E church, the head of an E church, office building, and J protocol attached);

1. The Defendants of the relevant legal provisions and the choice of punishment for criminal facts: Articles 228(1) and 30 (the fact that provisional registration has been entered in the real estate register) of the Criminal Act, Articles 229, 228(1) and 30 (the fact that the aforementioned register has been exercised);

1. Defendants who aggravated concurrent crimes: the former part of Article 37 of the Criminal Act.