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(영문) 의정부지방법원 2015.05.06 2015고단436

주민등록법위반등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Resident Registration Act shall unlawfully use another person's resident registration certificate;

Nevertheless, on June 12, 2013, the Defendant acquired and possessed B’s resident registration certificates, sent a copy of B’s resident registration certificates to the EXS Information and Communications Center located in Bupyeong-gu, Incheon to join the goods such as the Internet telephone, etc. in the name of the Defendant, Seocheon-gu, Seocheon-gu, Incheon, in order to join the goods such as the Internet telephone, etc. in the name of the said B, and unlawfully used the said B’s resident registration certificates by facsimile.

2. On June 17, 2013, the Defendant: (a) signed the “B” on the said device without authority for the purpose of exercising the right to subscribe to the said device in the name of the said device; (b) forged the signature of the said “B” without the authority; and (c) issued the device containing the forged private signature to the said installation engineer who is unaware of the fact that the device was duly formed and processed as if it were duly formed, thereby exercising the said investigation signature.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Domestic investigation report: The case in which a suspect finds the true resident registration certificate; and

1. Application of the statute of a service application;

1. Article 37 subparag. 8 (Unlawful Use of Resident Registration Certificates, Selection of Imprisonment with Labor) and Article 239(1) of the Criminal Act regarding criminal facts are mistakenly stated in Article 238(1) of the Criminal Act, and Article 238(1) of the Resident Registration Act regarding the provision of applicable laws related to the selection of punishment are deemed to have no substantial disadvantage to the defendant’s exercise of his/her right to defense

The relevant law on the exercise of the above investigation signature.