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(영문) 창원지방법원 2017.11.01 2017노2416
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

The Defendant, as to the summary of the grounds for appeal, explained to I that the letter of resolution on the extraordinary general meeting of a clan (hereinafter referred to as the “written resolution of this case”) as indicated in the judgment of the court below is necessary documents for the sale of the land of the clan as indicated in the judgment of the court below and the acceptance of the buyer of the land, asked I to obtain the seal of the nominal owner. The nominal owner heard the explanation of the above document and explicitly consented thereto and affixed a signature thereon.

In full view of the following facts and circumstances, the judgment of the court below that recognized the criminal facts in the judgment of the court below as just and acceptable, and there is no error of law by misconception of the facts alleged by the defendant.

Therefore, the above argument is not accepted.

On April 11, 2015, D's minutes of the clan are recorded as "a place to which all the members agree to seek beneficial substitute items to be seen as a long-term inside item because it is difficult to operate in the future with the rent-making revenue from the land of the clan, even if the clans are arranged, it is difficult to arrange the clans and arrange the complete portion of the clans."

However, even if so, there was no lack of discussion among the members on the problem of specifying and selling the land of this case, and therefore there was no consensus.

Rather, on April 26, 2014, the minutes of the meeting include the following: “A mountain mountain is preserved (except in special circumstances) scattered in a mountain (except in the case of a special relationship).”

Nevertheless, on May 22, 2015, the Defendant, as the president of the clan, sold the instant land on behalf of the clan, and entered into a contract for the relocation of a clan grave on the said land (only, the written contract was written as of September 30, 2015). The Defendant, after entering into a contract, went to I a written resolution of this case on June 8, 2015.

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