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(영문) 대전지방법원 2017.12.07 2017고정1209
주민등록법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

No person shall report or apply any false fact with respect to a resident registration or resident registration certificate.

The Defendant, despite the Defendant’s failure to reside in “Se Sejong-si E 1903 Dong 1602”, the Defendant, in collusion with D on December 22, 2015, prepared a “report on the move-in of resident registration” at the f3rd floor G community service center at the f3th floor of Sejong-si, Seoul-si, in which the Defendant would move-in to the above address, and submitted it to the public official in charge and filed a false report on the move-in registration at the above address.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made by D in the protocol of interrogation of the suspect to the prosecution of H, D, I, J, or K;

1. A protocol concerning the examination of suspect of each police with regard to D (two times, three times);

1. Requesting cooperation in investigation (request made by a person who violates the Resident Registration Act), a copy of each transfer report, a copy of the resident registration list, a certified copy of the resident registration list, a certified copy of the resident registration list, a document requesting cooperation in investigation (request made by a person who violates the Resident Registration Act), a certified copy of the resident registration list, a certified copy of the resident registration list (D), and application of Acts

1. Article 37 subparagraph 3-2 of the Act on the Registration of Residents of the Election of Criminal Offenders, Article 30 of the Criminal Act, and the selection of fines concerning the crime;

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

1. The defendant and his defense counsel in determining the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: the defendant filed a false report on resident registration for the convenience of the receipt of postal items without any unlawful purpose such as transfer to school group or speculation of real estate; in such a 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, the legislative purport of the Resident Registration Act, the circumstances and most of the crimes of this case recognized by the evidence duly adopted and investigated by the resident registration act, and the place of the receipt of mail is automatically changed in the case of mail.

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