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(영문) 대구지방법원 2013.08.14 2013고정1609
주민등록법위반
Text

The defendant shall be innocent.

Reasons

1. Around August 7, 2012, at the Defendant’s house located in Daegu Dong-gu, Daegu-gu, the Defendant applied for the issuance of a divorce conciliation protocol between C and D by telephone to the Daegu Family Court for the issuance of a divorce conciliation protocol. A public official in charge of the said court’s decision who illegally used another person’s resident registration number without C’s consent.

2. Article 37 subparag. 10 of the Resident Registration Act does not present a tangible identification document stating a resident registration number or driver’s license, such as a resident registration certificate or driver’s license, and only his/her name and resident registration number can be identified or specified in the procedure for verifying the identity of the person in question or identifying the person in question without the permission of the resident registration number holder or for punishing the act of using his/her resident registration number when he/she did so with the permission of the person in question as if he/she was the person in question.

Therefore, another person's resident registration number was used without permission of the possessor.

Even if a resident registration number was used for identification or for a specific purpose, it does not constitute a crime of unlawful use of the resident registration number under the above provision (see, e.g., Supreme Court Decision 2009Do4574, Sept. 10, 2009). According to the record, the Defendant applied for the issuance of a divorce conciliation protocol between C and Daegu Family Court by telephone as stated in the facts charged, and the Defendant applied for the issuance of the divorce conciliation protocol between C and C and D to the Daegu Family Court. It is recognized that the public official in charge of providing the above court judgment did not have C’s resident registration number without C’s consent. Meanwhile, in light of the fact that the Defendant expressed his/her name, date of birth, domicile, and contact information at the time, the Defendant alone is related to the identification of another person’s resident registration number.

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