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The defendant shall be innocent.
Reasons
1. Around February 28, 2018, the summary of the facts charged was that the Defendant changed the name of his mobile phone E, which was currently used by the Defendant in Yongsan-gu Seoul, to the Defendant, and submitted the family relation certificate and the photograph of the driver’s license stored in the Defendant’s mobile phone without the aforementioned D’s consent, to an employee whose name is unknown, and used the D’s resident registration number unlawfully.
2. Determination
A. Article 37 subparag. 10 of the Resident Registration Act is applicable to the bill of indictment in this case, and this is based on the premise.
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 purpose 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 amendment history of the above provision, and the general principle of no crime of no punishment without the law prohibiting the expanded interpretation of penal law, etc., Article 37 subparag. 10 of the Resident Registration Act shall be deemed to be prescribed to punish the act of using another person’s resident registration number without the permission of the holder of the resident registration number “as if he/she is a person who unlawfully uses another person’s resident registration number” without the permission of the holder of the resident registration number,
(see, e.g., Supreme Court Decisions 2006Do7821, Oct. 11, 2007; 2013Do10461, Feb. 27, 2014). (B)
In this case, the defendant submitted a photograph of D's driver's license and family relation certificate without D's consent, and used it unlawfully, and thus, constitutes a violation of Article 37 (10) of the Resident Registration Act.