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(영문) 서울동부지방법원 2016.01.15 2015고정2005
주민등록법위반등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. No person who violates the Resident Registration Act shall file a false report on a resident registration;

Nevertheless, on February 23, 2011, the Defendant filed a false report on the said transfer of resident registration with the entry “Seongdong-gu E” in the column of the “new living place” in the written report on transfer of D, even though D could not have already died on or around February 8, 2011, and submitted the said written report to an employee with no knowledge of the name.

2. On April 5, 2013, the Defendant forged private documents: (a) indicated “A”, “F”, “B”, “D”, “D”, and “G” in the name of the delegating person column in the proxy form for certification of his/her seal imprint in order to obtain the Defendant’s father’s seal imprint register in the name of his/her death at the Seongdong-gu Seoul Metropolitan community service center; and (b) indicated “A”, “F”, “D” and “G” on the proxy form for certification of his/her seal imprint; and (c) affixed the seal of the said D, which was kept adjacent to D’s name.

Accordingly, for the purpose of uttering, the Defendant forged a letter of delegation for the certification of personal seal impression in the name of D, a private document on rights and obligations.

3. The Defendant, at the time and place specified in paragraph 2, exercised the power of attorney for the verification of a forged seal imprint as if it had been duly formed in the process of obtaining the certificate of a seal imprint from H, a member of the above community service center, who was aware of the forgery.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes to request cooperation in investigation (including the registration statement, transfer registration statement, ledger for the issuance of certificates of seal imprint, details of the issuance of certificates of seal imprint, and power of attorney for the issuance of certificates

1. Article 37 Subparag. 3-2 of the relevant Act and Article 37 of the Act on the Registration of Residents of the Selection of Punishment for Criminal Facts (the filing of a false report with respect to resident registration), Article 231 of the Criminal Act (the filing of a false report with respect to a private document), Articles 231 and 234 of the Criminal Act (the filing of a false report with respect to a private document), and the selection of each fine.

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