logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.07.09 2014고정2127
주민등록법위반
Text

Defendant shall be punished by a fine of KRW 4,000,000.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Punishment of the crime

The defendant is a corporation that engages in claims collection business and credit investigation business, and A is an employee who has been in charge of claims collection business at the defendant's B team.

The Defendant was a credit information company permitted to engage in claims collection business by the Financial Services Commission and has a legitimate interest in claims and debts under Article 29(2) of the Resident Registration Act. Since the Defendant’s employees are entitled to apply for perusal or issuance of an abstract of resident registration cards for the collection of overdue claims, etc. under the same Act, the Defendant’s employees are obligated to take due care and supervision over the business affairs, such as perusal or issuance application form for the abstract of resident registration cards to prevent the Defendant’s employees from being issued an abstract of resident registration cards by fraud or other improper means, dissemination of legitimate business manuals, and substantial education of the creditors and working-level officers.

Nevertheless, on October 8, 2010, the defendant neglected to do so, and thereby, the defendant, who is an employee of the defendant, was issued one copy of the abstract of the deceased's resident registration record card by improper means of submitting the "application for perusal or delivery of an abstract of the resident registration record card" in which the defendant, who is a public official belonging to the above community service center, was falsely recorded as if he had a claim of KRW 1,346,872, to register the real estate owned by the debtor at the Dong Community Service Center in Mapo-gu Seoul, Mapo-gu, Seoul.

Summary of Evidence

1. An interrogation protocol prepared by the prosecution against F (including the A's statement);

1. Legal statement of witness G;

1. Application form for issuance of resident registration cards;

1. Application of Acts and subordinate statutes to four copies of the judgment (Seoul Central District Court 2013Na28185, Seoul Eastern District Court 201 High Court 2129, Seoul Eastern District Court 201No1594, Supreme Court 2012Do316);

1. Article 39 Subparag. 1 of the Resident Registration Act and Articles 29(2) of the same Act concerning facts constituting an offense and the selection of fines;

arrow