In a case where a third person uses a resident registration report, a house ticket in the name of the third person, and a house ticket transfer book in order to make the third person most active, the crime of forging a private document, uttering, forging a public document under the Criminal Code is not the crime of "report on false facts" under Article 21 of the Resident Registration Act, but the crime of uttering is established.

If a person forges and uses a resident registration report, a house ticket in the name of the third party, and a house ticket transfer book in the name of the third party for the most active use of another person, the forgery of a private document, the event, the forgery of a public document, and the crime of uttering is established under the Criminal Act, not the crime of reporting the false facts.

Article 21 of the Resident Registration Act, Article 225 of the Criminal Act, Article 229 of the Criminal Act, Article 234 of the Criminal Act

Defendant

Seoul Criminal District Court Decision 70No307 delivered on September 3, 1970, Seoul High Court Decision 70No307 delivered on September 3, 1970

The appeal is dismissed.

60 days of detention after an appeal shall be included in the original sentence.

We examine the Defendant’s grounds of appeal:

In this case where the court of first instance, which maintained the original judgment, erred by mistake of facts in the original judgment or for which the sentencing is excessive, does not constitute a legitimate ground for appeal. Under the criminal facts 1 and 2 recognized by the court of first instance, which had been affirmed by the original judgment, the defendant, in collusion with the non-indicted 1 and 2, submitted each forged document to the non-indicted 3 and his family's non-indicted 3, a public document in the name of the non-indicted 3, a public document in the name of the non-indicted 3 and his family's family, and a copy of the residential document to the non-indicted 4 in the Dong office, Yongsan-gu Seoul Metropolitan Government, submitted each falsified document to the non-indicted 3, an employee of the Dong office of Yongsan-gu, Seoul, to use the falsified document, and thus, the forgery, uttering, and the crime of uttering of the official document is established. The defendant cannot be punished pursuant to the provisions of Article 21 of the Resident Registration Act on the resident registration under Article 21 of the Resident Registration Act.

Therefore, the appeal is dismissed without merit, and 60 days of detention after the appeal shall be included in the original sentence in accordance with Article 57 of the Criminal Act. It is so decided as per Disposition by the assent of all participating judges.

Justices of the Supreme Court (Presiding Judge) Dog-Jak Kim Kim-nam Kim Young-gu