주민등록법위반
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant used four resident registration numbers other than G for the purpose of identifying his/her personal information when reporting to the tax authority as if he/she worked for four other employees of his/her main office operated by G and constitutes an act of unlawful use of resident registration numbers under the Resident Registration Act.
Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous in the misapprehension of legal principles.
2. Determination
A. Article 21(2)9 of the former Resident Registration Act (wholly amended by Act No. 8422 of May 11, 2007) does not provide a tangible identification document stating a resident registration number or a driver’s license in various public and private fields of life, and only his/her name, resident registration number, etc. can be identified or identified through the process of verifying the identity or identifying the identity of the person in question without a resident registration number or a driver’s license, it should be deemed as prescribed to punish the act of using his/her resident registration number when he/she did so with the permission of the person in question without the permission of the person in possession of the resident registration number
Therefore, another person's resident registration number was used without permission of the possessor.
Even if the resident registration number is used for the identification of the person in question or for a specific purpose, the crime of unlawful use of the resident registration number under the above provision is not established unless it leads to the use of the resident registration number.
(See Supreme Court Decision 2009Do4574 Decided September 10, 2009, etc.). B.
In light of these legal principles, the defendant's act of notifying the employees of G and four other persons of his personal information and resident registration numbers to unfairly deduct expenses related to the calculation of business income tax and value-added tax, such as written facts in the facts charged, and allowing the employees of the tax office to report the same to the employees of the tax office.