Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

The defendant is residing in Daegu Seo-gu Seoul apartment 106 Dong 1703.

No false report shall be made on any resident registration or resident registration certificate.

Nevertheless, on January 28, 2016, the Defendant prepared a resident registration transfer report stating false facts in the entire area of the Defendant and F to transfer the Defendant’s married F to G elementary school from the Dong office located in Seogu, Daegu to G elementary school, and submitted it to the above E head of Dong.

Accordingly, the Defendant reported false facts on the Defendant and F’s resident registration.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to a written accusation (including a written confirmation accompanied);

1. Relevant Article 37 and Article 37 subparagraph 3-2 of the Act on the Registration of Residents of the Election of Criminal Offenders (Selection of Penalty) concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his/her defense counsel regarding the assertion of the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act regarding the order of provisional payment: the defendant filed a false report on resident registration for his/her health and mental stability without any unlawful purpose, such as entrance into higher academic group or illegal real estate transaction, and in this case, the defendant did not constitute a crime.

The author argues that it constitutes a legitimate act which is acceptable in light of social norms.

However, in full view of the evidence adopted and examined by this court as well as the status of the defendant as a teacher of the defendant, the circumstances leading to the crime, the legislative intent of the Resident Registration Act, and the fact that the defendant could take a transfer procedure through legitimate procedures other than disguised transfer, etc., the act of disguised transfer of this case is permissible under the law, on the ground that the defendant committed a disguised transfer for the welfare of his/her child without any other unlawful purpose and committed a disguised transfer to other teachers around the region.