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(영문) 대전지방법원 2017.08.30 2016노2621
강제집행면탈등
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles 1) C religious organization B's resolution on December 7, 2008, which was adopted by the location of the church B to "Seoul-gu F in the case of the astronomic't", is legitimate and valid, and the determination of whether the pertinent law or validity is valid is not subject to judicial review.

In addition, the Defendant still maintained the status of a pastor of the C religious organization B church around November 4, 201, and therefore, the Defendant’s entries as stated in the facts charged in the instant case are not the qualification of the representative of the C religious organization B church.

2) The Defendant: (a) leased the lease contract under the name of the Defendant for the purpose of using the F church as a pastor’s company house in accordance with the resolution of the direct meeting consisting of the members entering the J’s wife after moving the church to F; (b) concluded the lease contract under the name of the Defendant; and (c) prepared a contract for the transfer of the claim for the refund of the lease deposit in order to return the lease deposit amount of KRW 30 million to the church’s properties.

Therefore, the defendant, as the representative of the C religious organization B church, who is located in F, prepared a contract for the transfer of the claim of this case as the representative of the C religious organization B church, and was aware of it, there is the intention of being qualified as a

shall not be deemed to exist.

B. The sentence of the lower court’s improper sentencing (2.5 million won) is too unreasonable.

2. Determination

A. The summary of the facts charged is that the Defendant stated only the “B church” as stated in the judgment of the court below of the Daejeon Branch of the Daejeon Branch of the C Religious Organization, which is located in the Nam-gu, Chungcheongnam-gu, Seoul, on November 4, 2011, but compared with the written indictment of this case, the Defendant appears to have omitted the entry of the address, etc. (144 pages of the trial record), and such addition is added as above.

Without authority, even if it is not the representative of the C religious organization, a contract for the transfer of the lease deposit of KRW 30 million for the D apartment No. 503 of South-gu, South-gu, Dong-gu, as the company house of the above B church, which was leased under the name of the defendant by the C religious organization's labor union B church.

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