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(영문) 수원지방법원 성남지원 2017.06.09 2016고단3122

무고등

Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person who is neither the principal nor any person who is not a member of the household shall inspect the resident registration card of any third person or receive a certified copy or abstract thereof by false or other unlawful means in violation of the Resident Registration Act.

Nevertheless, around July 9, 2015, the Defendant prepared a “application for perusal or issuance of an abstract of the resident registration card” to E at the D community service center located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, and prepared a written application for compulsory execution prepared by the Defendant as necessary for the performance of the lawsuit with E, the Defendant prepared a written application for compulsory execution that “the location of the object of execution, the title of execution, the subject matter of execution, the method of execution, and the amount of the claim” as the public space. On July 7, 2014, the Defendant also submitted the Seoul High Court 2013Ra 1608 management and the provisional disposition for the prohibition of interference with passage.

However, in fact, the Seoul High Court Order 2013Ra 1608 dated July 7, 2014, stating that “The debtor (E) shall not interfere with the use and passage of real estate by the creditor (the defendant)” was a provisional disposition of the nature that does not involve any compulsory execution, and thus, the defendant did not need to make an abstract of the E’s resident registration card or abstract in the course of the lawsuit.

As a result, the Defendant received a copy of E’s resident registration in an unlawful manner.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police and a part of the prosecution examination of the accused;

1. Statement made by the police for E;

1. An application for inspection or issuance of an abstract of the resident registration card;

1. Application of Acts and subordinate statutes on a petition for compulsory execution and a ruling of provisional disposition;

1. Article 37 subparagraph 5 of the relevant Act and Article 29 (2) of the former Resident Registration Act (amended by Act No. 14191, May 29, 2016; hereinafter the same shall apply) on criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act.