The defendant shall be innocent.

1. The summary of the facts charged is that anyone did not unlawfully use another person’s resident registration number, but the Defendant submitted a statement of income payment indicated in B’s resident registration number (C) to the public official in charge of the Defendant’s company and used D’s resident registration number unlawfully, even though he did not receive monthly pay for three months (00,000 won on October 8, 201, KRW 70,000, KRW 500,000 on December 5, 201, KRW 200, KRW 30,000 on January 28, 2012).

2. In addition to punishing “a person who illegally uses another person’s resident registration certificate” under Article 37 subparag. 8 of the Resident Registration Act, the purport of punishing “a person who unlawfully uses another person’s resident registration number” under Article 37 subparag. 10 of the same Act is to punish “a person who unlawfully uses another person’s resident registration number” under Article 37 subparag. 10 of the same Act, and in light of the literal meaning and revision history of the above provision, and the general principle of no punishment without the law prohibiting the expansion and interpretation of penal provisions, Article 37 subparag. 10 of the Resident Registration Act does not present a tangible identification document stating a name and resident registration number, such as a resident registration certificate or a driver’s license, and used another person’s resident registration number without the permission of the holder without the permission of the holder of the resident registration number in a public and private way of life.

Even if the resident registration number is used for the identification of the person in question or for a specific purpose, the crime of unlawful use of the resident registration number under the above provision shall not be established unless it reaches the case.

Supreme Court Decision 201No. 11, 2007