사문서위조등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Although the resident registration management system does not correspond to electronic records identical to the original of a notarial deed under Article 228(1) of the Criminal Act, the judgment of the court below guilty of this part of the charges is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (fine 7,000,000) is too unreasonable.
2. As to the assertion of misapprehension of the legal principles, only a notarial deed concerning the rights and obligations in a notarial deed as referred to in Article 228 of the Criminal Act refers to a notarial deed as to the rights and obligations, and it does not include an identification of facts (see Supreme Court Decision 2004Do7137, May 13, 2005). The resident registration book is not an official book for the purpose of certifying the acquisition, loss, etc. of rights and obligations, and thus, it does not constitute
(see Supreme Court Decision 68Do1231, Nov. 19, 1968). According to the Regulations on the Operation and Management of the Resident Registration Information System (amended by the Ministry of Security and Security No. 1, Mar. 25, 2013), the resident registration information system is a computerized information system that operates electronically to process the recording and management of resident registration in the Ministry of Public Administration and Security (see Articles 1, 2, and 3 of the same Act). Computer information data kept by the said system is maintained to coincide with the data kept by Si/Gun/Gu.
(See Articles 5 and 7 of the same Act). Therefore, even if certain matters are stored in the resident registration information system, it cannot be deemed that the granting, changing, or losing of rights and duties is effective. Thus, the resident registration information system cannot be deemed as an electronic record identical to the original copy of the notarial deed.
Therefore, the resident registration information system is the same electronic record as the authentic copy of the authentic document.