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(영문) 인천지방법원 2017.07.13 2017고단2843
주민등록법위반등
Text

Defendant

B Imprisonment for eight months, Defendant D’s imprisonment for a short term of eight months, and Defendant C’s imprisonment for six months, respectively.

Reasons

Punishment of the crime

[2] Defendant B and D conspired to open and sell a mobile phone in the name of Q, and divide the price therefrom, even though they did not obtain the consent of Q, using the resident registration certificates of Q, Defendant B and D.

1. On July 19, 2016, Defendants in violation of the Resident Registration Act submitted a resident registration certificate of Q Q as they were their employees requesting identification of their status to GR in order to enter the cell phone.

As a result, the Defendants conspired to use another person's resident registration certificate unlawfully.

2. The Defendants forged a private document, and exercising the said investigation document, at the date and time, at the place specified in paragraph 1, and at the name of the customer who applied for the subscription to the SKT service new contract, Defendant B stated “GS” in the column of “AS”, “GS”, “Seoul Bupyeong-gu Incheon Metropolitan Government GT Apartment No. 106 Dong 405,” and “A Q” in the column of the applicant, signed the name and signed the “A Q Q” to the GR as genuinely constituted.

As a result, the Defendants conspired to forge a copy of the private document on the rights and obligations under the name of Q, and exercised it.

3. The Defendants were either aware of the intent or ability to pay the installments of the mobile phone at the time and place as stated in paragraph (1) and filed an application for forgery as stated in paragraph (2) and applied for the joining of the mobile phone. The Defendants received S7 mobile phones from the victim GR when galloning the market price of KRW 739,200.

[2017 Highest 3109]

4. Defendant B

A. On November 2015, the Defendant: (a) obtained a log (including resident registration certificates) lost by the victim GW in the vicinity of “GV singing room” located in the Bupyeong-gu Incheon, Bupyeong-gu, Incheon; (b) but (c) did not follow necessary procedures, such as returning the above wall to the victim; and (d) did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

(b) Violation of the Resident Registration Act;

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