주민등록법위반
The judgment of the court below is reversed.
The defendant shall be innocent.
1. Summary of grounds for appeal;
A. The defendant of mistake of facts received contact from the person in charge of the receipt of the written request for withdrawal from the moving-in household from the person in charge of the safe branch of the new bank who caused the loan of the successful bid price and found it at the 1-dong community service center prior to death, and prepared the "application for request for registration of unknown residence" according to the employee's guidance. Since the defendant did not have awareness of illegality, the judgment of the court below which found the defendant guilty
B. In light of the overall sentencing conditions of the instant case, the lower court’s punishment (fine of KRW 300,000) is too unreasonable.
2. Determination
A. On or around February 21, 2011, the Defendant was awarded a bid of 107 dong 1904 and awarded a bid of 107 dong 1904 for the instant facts charged, and the Defendant acquired the ownership of the ownership on or around March 18, 201, who did not apply for false facts as to the resident registration. However, on or around April 28, 2011, the Defendant prepared a “request for cancellation of the registration of an unknown residence” at the Dong community service center located in Suwon-si, Suwon-si, Suwon-si, and submitted it to F, an employee of the said community service center.
However, the fact that D and E were residing in the above apartment without leaving the apartment, and the defendant was aware that they were living in the above apartment because they were in the real estate name lawsuit against them.
Accordingly, the defendant applied for false facts on the resident registration of D and E.
B. The lower court determined that: (a) the latter part of Article 37 subparag. 3 of the Resident Registration Act does not limit the subject of punishment to the person obligated to report as prescribed in Article 11 of the same Act; and (b) provides that the person who files a false report as well as the person who files a false application shall be punished; and (c) pursuant to the Guidelines for Handling Affairs of Resident Registration Act, the fact-finding is conducted whenever requested by a building owner.