주민등록법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal lies in two cases where the principal files an application and a proxy files an application for resumption, and the defendant sent a copy of D's resident registration certificate to GIST without obtaining D's permission as the initial nominal holder at the time of filing an application for resumption, and thus, the defendant is deemed to have obtained D's delegation explicitly or implicitly and used D's resident registration number. This constitutes a case where a person's resident registration number prohibited by the Resident Registration Act is illegally used. However, the court below found the defendant not guilty of the facts charged in this case, which affected the conclusion of the judgment by misunderstanding of facts, which affected the conclusion of the judgment.
2. Around June 22, 2011, the Defendant: (a) sent a copy of the instant facts charged to the Republic of Korea, by facsimileing the name and resident registration number of the said phone to the KT Call Bureau without obtaining D’s delegation or permission, in order to resume the said restaurant “E” restaurant operated by the Defendant and D as a partner; (b) notified the KT Call Bureau of the name and resident registration number of D; (c) sent a copy of the pre-paid resident registration number to the KT Call Bureau by facsimile; and (d) unlawfully used D’s resident registration number.
3. The lower court determined that the Defendant did not obtain D’s permission at the time, but argued to the effect that he did not act as if he had obtained D’s permission by stating the circumstances, etc. in which D’s partner temporarily discontinued the phone call, and that he did not act as if he had obtained D’s permission. According to the records, in general, in the procedure of resumption of telephone, KT generally divided into cases where the telephone titleholder himself files an application and the case where his agent files an application in the procedure of resumption of telephone, the former is confirmed, after verifying the identity of the person himself, the latter goes through the procedure of sending the personal identification card of the principal and his agent if it is not confirmed.