Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

2. The judgment of the Defendant is erroneous to receive a copy of the B’s resident registration record card based on the conciliation protocol, etc. despite the fact that the Defendant did not have any claim and debt relationship with B any longer and is not a legitimate person.

However, considering the circumstances favorable to the defendant and other circumstances, such as the fact that the defendant mistakenly recognized and reflected the defendant's mistake, the fact that the defendant seems not to have committed the above act with the intent to use the abstract of the resident registration record card B for the illegal purpose, and that the defendant seems to have discarded the abstract of the resident registration record card B without using it for any other purpose, the punishment sentenced by the court below is somewhat inappropriate.

Defendant’s assertion is with merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following decision is rendered again.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 37 subparagraph 5 of the Act applicable to the crime and Article 37 subparagraph 2 of the Resident Registration Act concerning the selection of punishment, and Article 29 (2) of the same Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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