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The prosecutor's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal;
A. Matters concerning the “disposition of fundamental property” under the Constitution of the F church of the F church (hereinafter “instant church”) are matters pertaining to the resolution of the “joint council” comprised of all the three-dimensionals, and loans secured by the church real property constitute matters pertaining to the disposition of fundamental property.
Even though the association of the church of this case resolved a loan secured by the church real estate, since the resolution of the joint council was erroneous in the resolution of the association, the association cannot be deemed to have lawfully held the resolution.
Therefore, even if the defendant was delegated the authority to change the minutes by the separation council, it is null and void.
(Chapter 1). (b)
Even if the defendant received the effective delegation of authority at the separation council, as long as 25 of the members present at the removal of the church of this case and 49 of the members present at the removal of the church of this case withdraw from the church of this case due to the internal dispute of the church of this case, it cannot be deemed that the above withdrawing members explicitly or impliedly consented to the change of
(Chapter 2). (c)
As above, although the defendant cannot be deemed to have the right to change the meeting minutes, the court below found the defendant not guilty of the facts charged in this case, which affected the conclusion of the judgment by misunderstanding the facts.
2. Determination
A. The summary of the facts charged in this case is that the Defendant extended a church building as security to the agricultural community credit cooperatives, but the Defendant tried to hold a meeting to change the loan bank to a lower community credit cooperative and prepare minutes and submit them to the community credit cooperatives. However, as he was unable to affix a seal by closing the church, he was willing to modify part of the document.
(1) On November 201, 201, the Defendant: (a) the term “the date and time of August 7, 201,” among the contents of the meeting minutes of the plenary session located in Kimhae-si, Kim Jong-si; and (b) the term “ August 20, 201” as “the 20th of November 20, 201”;