beta
Text
All appeals by the Defendants are dismissed.
Reasons
1. In light of the following points of the gist of the grounds for appeal, the lower court erred by misapprehending the facts charged, thereby adversely affecting the conclusion of the judgment.
According to the Constitution of the general meeting of the Korea Disabled Association or the articles of association of the Eth Diplomatic Association, regarding the disposal of property among the matters to be resolved by the joint council, the resolution on the disposal of property of the property at the joint council shall be made with the consent of 2/3 or more of the members present at the joint council. On May 20, 2012, the resolution on the disposal of the property of the Ethical council at the joint council meeting was passed by the unanimous meeting of 20 members present at the general meeting, and the quorum as prescribed by the Constitution of the Korea Ethic Association or the articles of association of the Korea Ethic Association is satisfied. Therefore, the crime
(b) A person who fails to meet the family quorum;
In general, the quorum of the Joint Meeting of the church did not know that the Defendants failed to meet the quorum on the basis of the number of the members present. Therefore, it cannot be deemed that the Defendants had the criminal intent at the time of committing the instant crime.
2. Determination
A. Where it is recognized that the crime of this case constitutes the crime of non-entry in the authentic copy of a notarial deed and the crime of the exercise of the authentic copy of a notarial deed, if a branch church which has joined a specific religious order accepted the constitution prescribed by the religious order as its own rules, the change of the religious order actually results in changing the autonomous rules corresponding to the rules of the branch church, and if the branch church meets its own rules, the change of the religious order entails changes in the matters included in the rules of the branch church, such as the name or purpose of the branch church, and therefore, the withdrawal from the religious order or the change of the religious order from the religious order requires a resolution with the consent of two-thirds or more of the members with voting rights, in accordance with the amendments