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(영문) 서울남부지방법원 2020.12.14 2020노1056
사문서위조등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. misunderstanding of facts or misunderstanding of legal principles (the part concerning the forgery of private documents and the use of private investigation documents) ① Since the name of the defendant is written in the reporter column of the move-in report of this case, the move-in report of this case shall be deemed to be written in the name of the defendant. ② Even if the person in charge of the move-in report is deemed to be C, it does not necessarily require the confirmation of the householder himself in the preparation of the move-in report, and it is not a document to confirm the existence of the householder, and thus, it cannot be deemed that the act of the defendant

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of 800,000 won) is too unreasonable.

2. Determination

A. In a case where a resident makes a mistake of facts or misapprehension of legal principles, he/she shall report the address or place of transfer before the relocation and the relevant date thereof to the head of a Si/Gun/Gu having jurisdiction over the relevant place of residence (Article 10(1)10 of the Resident Registration Act). The said report shall be made within 14 days from the date on which the reason for report arises to the head of a household, but if the head of a household is unable to report, he/she may act on his/her behalf (Article 11(1) of the Resident Registration Act). If a person files a report pursuant to the proviso to Article 11(1) of the Resident Registration Act, he/she shall obtain confirmation from the head of an Eup/Myeon/Dong

(Article 18(1) of the Enforcement Decree of the Resident Registration Act. Defendant was originally a member of E, and prepared the instant move-in report to move into C’s member.

In such a case, the defendant must obtain confirmation from C, the householder of the household transferred pursuant to the above relevant provisions, and C has already been confirmed.

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