The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the Defendant, with the F’s consent, applied for D membership by using F’s resident registration number, it does not constitute “the case where another person’s resident registration number is used unlawfully.”

Nevertheless, the judgment of the court below which pronounced the defendant guilty is erroneous in misunderstanding of facts or misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too heavy.

2. Determination

A. Article 37 subparag. 10 of the Resident Registration Act on the assertion of mistake of facts or misapprehension of the legal doctrine provides that the act of using a resident registration number is punished without the permission of the holder of the resident registration number, when it is conducted without the permission of the holder of the resident registration number, or when it is conducted as if the holder was the owner of the resident registration number in a public and private life field without presenting a tangible identification document stating the resident registration number or driver's license, such as the resident registration number or driver's license.

Therefore, in a case where the resident registration number was used without the permission of the resident registration number holder for the purpose of identifying the identity or identifying the identity, the crime of unlawful use of resident registration number under the above provision is established.

(see, e.g., Supreme Court Decision 2006Do7821, Oct. 11, 2007). The Defendant asserted the same as the grounds for appeal in the lower court, and the lower court rejected it on the grounds that the facts constituting an offense are recognized based on evidence.

According to the evidence duly adopted and examined by the court below, the defendant became aware of F's resident registration number in the process of opening the F's mobile phone prior to, and used F's resident registration number when entering the D Internet, telephone, and television with the application method for telephone subscription.