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The judgment of the court below is reversed.
Defendants are not guilty.
Reasons
1. Summary of grounds for appeal;
A. In misunderstanding the facts and legal principles, Defendant A prepared the articles of association in the facts charged (hereinafter “instant articles of association”) and delivered it to I in order to complete the registration of transfer of ownership with the authority to sell the J land and its ground buildings (hereinafter “instant real estate”) at the time of harmony with the joint assembly of G organizations H church (hereinafter “instant church”). As such, Defendant A delegated the right to purchase and sell the instant land and its ground buildings (hereinafter “instant real estate”) from the joint assembly of G organization H church, Defendant A was delegated by the joint council on the amendment of the articles of association.
Even if Defendant A, without delegation, prepared the articles of incorporation of this case
Even if the church of this case knew the preparation of the articles of association of this case, it can be presumed that it had been accepted as a matter of course. Thus, the defendants did not constitute a crime of forging private documents and a crime of gambling documents.
B. Each sentence (for the Defendants: KRW 500,000) sentenced by the lower court against the Defendants is too unreasonable.
2. Determination as to the Defendants’ misunderstanding of facts and misapprehension of legal principles
A. The summary of the facts charged against the Defendants is that Defendant A is a member of the G church H church located in F in the time of harmony, and Defendant B is a person who operates the above church as his wife.
From June 30, 201, the Defendants, following the resolution of the joint assembly of the above church, sold to I the J land and its ground buildings owned by the above church. Although the articles of incorporation of the above church provide that the right to dispose of the church properties shall be held by the joint council, the right to dispose of the church properties for the convenience of the procedures for the sales contract is held by the church, and there was an amendment of the articles of incorporation of the church properties to arbitrarily amend the contents of the right to dispose of the church properties for the convenience of the procedures for the sales contract, and there
(1) On August 31, 201, Defendant A forged private documents did not go through a resolution of the above H church joint conference regarding the amendment of the articles of incorporation at the above H church located in the Hasung F on August 31, 201.