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(영문) 서울동부지방법원 2015.06.26 2014고정1638
주민등록법위반
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The abstract of the facts charged shall not use unlawfully another person's resident registration number;

Nevertheless, the Defendant, at a place where the location is unknown on October 23, 2012, without obtaining the consent of the victim D who leased the house owned by the Defendant in Seo-gu, Gwangju Metropolitan City without obtaining the consent of the victim D, who was an employee of the Seo-gu Office of Water Supply and Waterworks Headquarters of Gwangju Metropolitan City, called the victim’s resident registration number, which was known by an unforeseen means, and the current user of the said house applied for the change of the name of the victim, thereby making the said expropriation change from the Defendant to the victim.

Accordingly, the defendant used the victim's resident registration number unlawfully.

2. Article 37 subparag. 10 of the Resident Registration Act does not provide a tangible identification card, such as a resident registration certificate or driver’s license, in a public and private life field, and only his/her name and resident registration number can be identified or identified, the act of using his/her resident registration number should be deemed to be prescribed in order to punish the act of using his/her resident registration number without the permission of the resident registration number holder, as if he/she obtained the permission of the holder, or as if he/she was the owner

Therefore, even if another person’s resident registration number was used without the permission of the owner, it does not constitute an offense of unlawful use of the resident registration number under the above provision, unless the resident registration number was used for the purpose of identification of the owner or identification of the owner (see, e.g., Supreme Court Decisions 2009Do4574, Sept. 10, 2009; 2006Do7821, Oct. 11, 2007). In order for the defendant to constitute an offense of unlawful use of the resident registration number, Gwangju Metropolitan City.

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