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The judgment of the court below is reversed, and the case is remanded to the Seoul Eastern District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. The summary of the facts charged in the instant case is as follows.
The defendant shall be the chairperson of the Association B, an incorporated association (hereinafter referred to as the “instant Association”).
B. On December 9, 2014, the Defendant held a regular meeting of the instant Association 2014 and dismissed the directors and seven other directors, and passed a resolution to elect the H and eight directors (hereinafter “instant resolution”).
The articles of association of this case determined that the majority of registered representatives shall make a resolution with the consent of the majority of the representatives present at the meeting. Among 42 registered representatives, 23 persons present at the general meeting of the above regular representatives include 19 persons who are not qualified as representatives.
C. On December 12, 2014, the Defendant, at the registry office of the Seoul Eastern District Court, prepared and submitted a false application for registration of change of an incorporated association director, as if the instant resolution was duly resolved by the said regular general meeting of delegates.
Accordingly, the public official in charge of registration completed the registration of the removal of directors and the registration of the change of appointment (hereinafter referred to as the "registration of change of this case").
2.(a)
The crime of false entry in the original of a notarial deed under Article 228(1) of the Criminal Act is a crime, the legal interest of which is protecting the public credibility of which is recognized as special credibility, and is established by having a public official enter or register false facts inconsistent with the substantive relations, such as the original of a notarial deed or the same electronic record, by filing a false report contrary to the truth. Thus, if there is no matter stated in the original of a notarial deed or there is a defect in appearance, or if there is a defect in appearance, such
(See Supreme Court Decision 2005Do9402 Decided March 10, 2006, and Supreme Court Decision 2006Do8488 Decided May 31, 2007, etc.) B.
The record reveals the following facts.
1. The articles of incorporation of the Association of this case, ① Representatives’ General Meeting shall be officers of the Association.