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(영문) 서울중앙지방법원 2016.01.21 2015노4373
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misapprehension of the legal principles, ① the Defendant was lawfully elected as the C church representative at the collective assembly of a church held at the headquarters of the C church on May 26, 2013, and operated as the representative of the C church until October 2014.

② The act that the Defendant, as the representative of a C church, prepared a list of members of the Joint Council around July 20, 2014, and a letter of public announcement by the Joint Council on August 3, 2014, prepared a register of the Joint Council members and the articles of association of the church on August 3, 2014, signed and sealed the seal of the church, prepared a certificate of representative and affixed the seal of the church, affixed an application for registration of change of the indication in the registered name around August 4, 2014, submitted to the registered public official for change of the name of the owner of Seocho-gu Seoul Metropolitan Government F Commercial Building No. 411B and 403 (hereinafter referred to as “real estate of this case”) to the Defendant is a legitimate performance of duties within the scope of the Defendant’s representative authority.

③ A resolution was adopted in accordance with the C church’s articles of incorporation to donate the property of the C church to D at the Joint Council of the church held around August 17, 2014. Accordingly, the Defendant proceeded with the procedure for filing an application for registration of change of the real estate through a certified judicial scrivener. This is a legitimate business within the scope of the Defendant’s representative authority, and the Defendant did not intend to acquire the real estate of this case.

B. The sentence of the lower court (an amount of KRW 5 million) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. The following facts are acknowledged according to the records on the assertion of misunderstanding of facts or misunderstanding of legal principles.

① On March 18, 2012, C church filed a petition with the president of the Korea War Veterans Association (hereinafter referred to as the “instant association”) to open a joint council on March 18, 2012, requesting the Defendant’s post-standing pastors Association of the Korea War Veterans Association (hereinafter referred to as “instant association”) to leave the P church D of the Defendant’s post-standing pastors Association of the Korea War Veterans Association (integrated).

Evidence No. 1, 121 pages, 2. The Trade Association of this case shall be D.

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