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(영문) 춘천지방법원 2012.11.27 2012고정558
주민등록법위반
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is as follows: (a) the Defendant, who runs the plastic house construction business with the lower office of B Co., Ltd. and was not engaged in the illegal use of another person’s resident registration number; (b) the Defendant, on February 3, 201, entered C’s name and resident registration number “D” in the “report on Confirmation of the Details of Employment Insurance Work” into the said C’s personal information from November 201 to December 201; and (c) submitted it to the Gangwon Local Employment and Labor Agency of Korea on January 15, 2012 by submitting the said C’s name and resident registration number to the Gangwon Local Employment and Labor Agency of Korea; and (d) submitted the said C’s personal information to the Gangwon Local Employment and Labor Agency of Korea, stating “D’s name and resident registration number” in the said C’s personal information.

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 driver’s license, in a public and private life field, and it is deemed that the act of using another person’s resident registration number is prescribed to punish the possessor without the permission of the holder of the resident registration number.

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