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(영문) 의정부지방법원 고양지원 2017.11.03 2017고정483
주민등록법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who actually operated the JJ (State).

On April 2, 2015, the Defendant drafted a payment statement as if there was a 10,000,000 clothes transaction between the JJ and K, at a place where the location is unknown, and used the said K’s resident registration number (L) unlawfully.

2. In addition to punishing “a person who unlawfully uses another person’s resident registration certificate” under Article 37 subparag. 8 of the Resident Registration Act, in light of the purport of punishing “a person who unlawfully uses another person’s resident registration number” under Article 37 subparag. 10 of the same Act, “a person who unlawfully uses another person’s resident registration number” under Article 10 of the same Act, the meaning and amendment history of the provision, and the general principles of statutoryism prohibiting the expanded interpretation of penal laws and regulations, etc., Article 37 subparag. 10 of the Resident Registration Act does not present a type of identification document stating a person’s resident registration number, such as his/her name and resident registration number, etc., as his/her resident registration certificate or driver’s license, and it is deemed that the act of using another person’s resident registration number without permission is prescribed to punish him/her for the purpose of punishing him/her (see, e.g., Supreme Court Decision 200Da170180, Feb. 17, 2007).

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