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(영문) 대구지방법원 의성지원 2017.09.07 2017고정68

주민등록법위반

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is running the electrical construction business as the representative of C (hereinafter referred to as “C”) in the Gyeongbuk-gun, Gyeongbuk-gun.

1. On October 31, 2016, the Defendant: (a) stated that the Defendant paid KRW 3.8 million with D’s resident registration number “E” and daily wage in the statement of wage and salary income payment for the day of March 2016 from C to C on October 31, 2016; and (b) submitted a statement of wage and salary payment for the day at Adong Tax Office around that time, and filed a report on the payment of daily wage and salary income at Adong Tax Office.

However, in fact, D did not have worked in C in March 2016, and there was no fact that the defendant was delegated by D to use resident registration numbers.

Ultimately, the Defendant unlawfully used D’s resident registration numbers as above.

2. On February 28, 2017, the Defendant stated that the Defendant paid D’s resident registration number “E” and KRW 7,600,000 with daily wage in the statement of wage and salary income payment for the first quarter from C to April 2016, and submitted a statement of wage and salary payment for the said daily wage to the Dong-dong Tax Office around that time.

However, in fact D did not have worked in C in April 2016, and there was no fact that the defendant was delegated by D to use resident registration numbers.

Ultimately, the Defendant unlawfully used D’s resident registration numbers as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes in a specification of payment of daily earned income attached to a complaint filed and a complaint filed;

1. Article 37 of the relevant Act concerning the facts constituting an offense and Article 37 subparagraph 10 of the Registration of Residents Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;