The defendant's appeal is dismissed.

The general meeting of July 22, 2018, which was convened by the defendant, was lawfully convened and actually held, and a resolution was made to appoint the defendant as the representative of the clan (hereinafter "the clan of this case") as stated in the judgment of the court below.

Even if the above special meeting is null and void, since the resolution of the above special meeting was ratified at the general meeting of November 6, 2019, the defect was cured.

Therefore, the defendant is a legitimate representative of the clan of this case, and thus, it cannot be said that the defendant had a representative of the real estate in the name of the clan of this case registered the change of the registered titleholder with the defendant recorded false facts in the land register. The defendant had completed the registration in accordance with the above resolution of the above special general meeting, and there was no intention to commit the crime of false entry in public electromagnetic records, etc.

2. Determination

A. Article 28(1) of the Criminal Act provides that the term "non-performing entry" as provided in Article 228(1) of the Criminal Act means that there exists any fact that does not go against objective truth, or that there exists no fact that exists. Thus, in the case of registration of change of directors, etc. according to the resolution of the general meeting of an incorporated association under the Civil Act, it is reasonable to determine whether such act constitutes an act causing non-conformity in the original notarial deed in accordance with the resolution of the general meeting of an incorporated association under the Civil Act, barring any special circumstance, it is reasonable to determine whether there is a resolution for change of directors, etc. of the same contents separately at the general meeting of members regardless of the legal effect of the resolution of the general meeting (see Supreme Court Decision 2004Do3584, Oct. 15, 2004). 2) In accordance with the bylaws or practices of a clan, it is necessary to periodically gather members of the