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(영문) 서울동부지방법원 2016.12.13 2016고정1609

공문서부정행사

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is the defendant and the victim C (47 years of age, female), the victim D (41 years of age, female) will be pro-Nam.

The defendant has received a copy of the victim C's resident registration certificate and a copy of the victim D's driver's license from E, who is an employee of the certified judicial scrivener office, in order to sell the deceased's vehicle and divide

On November 3, 2015, the Defendant: (a) submitted a copy of the victim C’s resident registration certificate and a copy of the victim D’s D’s driver’s license to the head of a tax office without the consent of the victims to file a corrective report on the rental business operator registration of real estate irrelevant to the vehicle sale; (b) exercised a copy of the victims’ identification card; (c) through a deceptive scheme, interfered with the change of joint business registration of employees of the tax office and legitimate performance of official duties concerning the identification.

2. The Defendant alleged that he used the copy of his identification card with consent obtained from C and D in the course of performing his duties, and there is no intention in the unlawful exercise of official document, and the Defendant’s act does not constitute a deceptive scheme that commits obstruction of performance of official duties.

3. Determination

(a) Even in cases where a licensee and a person who does not use an official document whose purpose is specified for the crime of unlawful uttering of an official document are used, if it is not used for the original purpose of the official document, the crime of unlawful uttering of an official document under Article 230 of the Criminal Act shall not be established;

Article 24(1) and (2) of the Resident Registration Act provides that “the head of a Si/Gun/Gu shall issue a resident registration certificate with a name, photograph, resident registration number, address, fingerprints, date of issuance, resident registration number, blood type, etc. to a person aged 17 or older among persons registered as residents in his/her jurisdiction,” and Article 25 of the same Act provides that “the head of a Si/Gun/Gu shall issue a resident registration certificate with a name, photograph, resident registration number, address, fingerprints, issue date, resident registration number, and blood type,” and that “State agencies, local governments, public organizations, social organizations, enterprises, etc.”