The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Each of the facts charged in this case.

1. Summary of grounds for appeal;

A. The lower court convicted the Defendant by misapprehending the legal doctrine as to unlawful uttering of official documents, although it was found that the Defendant had a copy of another’s resident registration certificate, which is an existing customer, filed an application for joining a mobile phone and sent a copy of the mobile phone subscription application and the resident registration certificate by facsimile as if the Defendant had an application for joining a mobile phone and did not use it for identification as the original purpose.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. Judgment on the misapprehension of legal principles

A. Even in cases where a licensee and a person who does not have the right to use an official document specified for the purpose of use are used, if the use is not based on the original purpose of the official document, the crime of uttering of an official document under Article 230 of the Criminal Act is not established (see, e.g., Supreme Court Decision 2002Do4935, Feb. 26, 2003). The crime of uttering of an official document is established only in cases of an official document whose purpose of use is specified in the official document, where a person who is not the licensee exercises the official document under the name of the user (see, e.g., Supreme Court Decision 74Do1695, Jul. 9, 1974).

In full view of the evidence duly admitted and examined by the court below, it is proved that the defendant, who was in charge of the sales of a mobile phone at Samsung Digital Cable, was not using a copy of the resident registration certificate, etc. under the name of another person, for the purpose of proving his identity, in transmitting a copy of the application for joining a mobile phone under the name of another person, and the resident registration certificate, and driver's license (hereinafter "resident registration certificate, etc.") to the radio operator, but received the application for joining a mobile phone and the pertinent required documents from others.