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(영문) 춘천지방법원 원주지원 2014.07.15 2014고정293
주민등록법위반
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

No person shall unlawfully use another person's resident registration number.

Nevertheless, on October 2, 2013, the Defendant had the intention to obtain C’s school register through an unmanned issuance machine installed at the shopping college located in the Masan-si, Suwon-si, and used C’s resident registration number (D) for identifying individuals in the above unmanned issuance machine, thereby denying others’ resident registration numbers.

Summary of Evidence

1. The defendant's partial statement (a statement, etc. that the defendant was issued C's school register through the unmanned issuance machine from the upper area school to ascertain whether C actually is a graduate, and that C was unable to be issued with the direct school register because it is not good between C and C at the time);

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (related to the issuance of school registers);

1. Article 37 of the Act applicable to the facts constituting an offense and subparagraph 10 of the Resident Registration Act regarding the selection of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the argument is that the Defendant only used C’s resident registration number in order to verify whether C is a graduate, and does not use C’s resident registration number with regard to identification. Thus, the Defendant does not constitute an offense of unlawful use of resident registration number under

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, in light of the purport of punishing “a person who unlawfully uses another person’s resident registration number” under Article 37 subparag. 10 of the same Act, the meaning and history of the provision under Article 9 of the same Act, and the general principle of no punishment without law prohibiting the expanded interpretation of penal laws, Article 37 subparag. 10 of the Resident Registration Act is either a resident registration certificate or a resident registration certificate

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