A. The Defendant, as an employee of Nonindicted Co. 3 (hereinafter referred to as “Nonindicted Co. 3”), intended to obtain a certified copy of the resident registration card from Nonindicted Co. 2, who is the father of Nonindicted Co. 1, who is the real estate owner, in order to take measures for the preservation of the claim against Nonindicted Co. 1, who is the debtor of the said company, in order to take measures for the subrogation registration and provisional seizure of inherited real estate. ① The application for perusal or delivery of the certified copy of resident registration card is not directly prepared by the Defendant. ② The entry of Nonindicted Co. 2’s name and the amount of debt in the confirmation column of interest is Nonindicted Co. 1, which was written by mistake

B. In addition, according to Article 29 subparagraph 6 of the Resident Registration Act, a person who has a legitimate interest, such as physical rights and debts, may apply for issuance of an abstract of resident registration. For the registration of subrogation by inheritance, the original copy of resident registration by Non-Indicted 2 of the deceased Non-Indicted 2 is indispensable for the registration of subrogation by inheritance, and the defendant, an employee of the collection company, can obtain an abstract by proving that Non-Indicted 2 of the deceased Non-Indicted 2 is an interested party

2. Determination

According to the records, the Defendant, who was in charge of the business of collecting claims against Nonindicted 1 and carried out all procedures to register the real estate owned by the deceased Nonindicted 2 on behalf of the person in charge of the business of collecting claims. The Defendant is not merely a business assistant who submitted an application for issuance prepared by the company to the Mapo-gu Dong Office, but it is recognized that the Defendant was involved in the above business from the time when the application for issuance of the certified copy and abstract of resident registration was prepared.

In addition, the defendant also stated that the registration of subrogation on the real estate owned by the deceased by the investigative agency is the procedure for the registration of subrogation on the real estate owned by the deceased, and the court is ordered to make a provisional disposition on the real estate owned by the deceased, and the court is ordered to receive the abstract of the resident registration record card capable of verifying the death of the deceased, and the above written order of correction is issued by submitting the above written order of correction to the Dong office. However, because time is delayed due to delay in time, the deceased non-indicted 2 stated that the debtor is the debtor and the abstract was issued for convenience (Evidence No. 55-56 of the evidence record). The issuance of a certified copy of the resident registration record by stating the deceased non-indicted 2 as the debtor by fraudulent means

In addition, subparagraph 3 of attached Table 2 of the Enforcement Decree of the Resident Registration Act provides that the scope of a person who has a legitimate interest, such as a credit and a debt relationship under Article 47 (4) of the Resident Registration Act provides that an application for perusal or delivery of an abstract of a resident registration card against a debtor and his/her guarantor is necessary for the recovery of overdue loans and the exercise of the right to indemnity against a guaranteed obligation, etc. Therefore, the subject of issuance of a resident registration card shall be "debtor or guarantor". Since the deceased non-party 2 is not a debtor or guarantor of non-indicted 3 corporation, it cannot be deemed that the above company is a person with a legitimate interest, such as a credit and a debt relationship

3. Conclusion

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judges Kim Jae-ho (Presiding Judge)