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(영문) 수원지방법원 2017.09.05 2017고단4336

주민등록법위반등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On November 16, 2016, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the method of Suwon, and the judgment became final and conclusive on November 24, 2016, but was not executed yet.

On May 26, 2017, the Defendant discovered the location of the Defendant at the first floor parking lot “Curur” located in Gui-si B, Gui-si, Si around 15:30 on May 26, 2017, and suggested that the Defendant completed the pro-friendly F resident registration certificate under the name of the head of Si/Gu, Nam-do, the official document, in order to avoid the execution of punishment, in order to arrest the Defendant.

Accordingly, the defendant illegally held official documents and used another person's resident registration certificate illegally.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Investigation report (a person who has not been sentenced to punishment A);

1. Application of the text of punishment execution, sentence No. 15 height of the Suwon District Court Act No. 107, the text of the integrated case search Acts and subordinate statutes;

1. Article 37 subparagraph 8 of the relevant Act on the Registration of Residents (the point of unlawful use of resident registration certificates) and Article 230 of the Criminal Act concerning facts constituting an offense (the point of unlawful use of official documents);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. Although the criminal liability of a defendant who unlawfully exercised another person’s resident registration certificate to be exempted from the execution of a sentence with reason for sentencing under Article 334(1) of the Criminal Procedure Act, the criminal liability of a defendant is not minor, but the criminal liability of a defendant was not taken into account comprehensively taking into account all the conditions of sentencing as shown in the argument of the instant case, including the circumstances where the investigator in charge did not belong to it and the motive and circumstance of the