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(영문) 대전지방법원 2014.05.16 2013고단4988

주민등록법위반등

Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On May 7, 2013, the Defendant was prosecuted in the Daejeon District Court for fraud and is currently pending trial.

1. On May 2, 2013, the Defendant violated the Resident Registration Act: (a) filed an application for the goods of “ QOK TV” by phone calls from Daejeon, Daejeon, Daejeon, and (b) obtained any consent or consent from the victim K to the use of “ QOK TV” in the name of the victim; (c) on the basis of the victim’s gallon of J’s cell phone with his her her her son, the Defendant reported that the victim’s resident registration certificate was stored in the victim’s gallon of J while living together with his her her son’s her gallon; and (d) reported that “K is his her son’s her her son, who is his her her her her son, and used the victim’s resident registration certificate unlawfully by transmitting his her son’s gallon’s photograph stored in J’s cellular phone gallon for identification verification.

2. Around May 2, 2013, the Defendant, as seen above, viewed “ QOK TV” from that time to July 2013, 2013, by putting false horses to the counseling staff of the victim’s KT and admitting QOK TV under the said K’s name.

However, the Defendant did not have any intent or ability to pay the QOK TV fee.

Accordingly, the Defendant acquired pecuniary benefits equivalent to the above amount by not paying KRW 347,800 used from May 2, 2013 to July 2013 after purchasing a victim’s resident registration certificate illegally by deceiving QOK TV.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to K;

1. A certificate of subscription to the super-high speed Internet;

1. A certificate verifying the subscription to QOK TV;

1. Application of Acts and subordinate statutes of the receipt notice;

1. Article 37 subparagraph 8 of the Resident Registration Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the term of the above two crimes under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be aggregated; and