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(영문) 인천지방법원 2020.05.07 2020고단584
주민등록법위반
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[Criminal Power] On April 10, 2020, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Incheon District Court on April 18, 2020 and the sentence became final and conclusive on April 18, 2020.

【Criminal Facts】

1. On March 9, 2015, the Defendant violated the Resident Registration Act by issuing another person’s resident registration certificate, entered “B” in the applicant column of the application form for the re-issuance of the resident registration certificate which was kept there at the 3-dong community service center of Seo-gu Incheon, Seo-gu, Incheon, and submitted his/her photograph to the employee in charge who is aware of the fact that he/she had filed a false application for the resident registration certificate by submitting the said application form to the employee in charge, and filed a false application for the resident registration certificate at least four times from that time by December 3, 2018.

2. On January 15, 2016, the Defendant violated the Resident Registration Act by issuing a certified copy or abstract of another person’s resident registration record card, and received a certified copy or abstract of another person’s resident registration record card from the time to November 27, 2018, by using the resident registration certificate of B issued at the 2-dong community service center in Dongdaemun-gu Seoul, as described in paragraph (1), as if he were B, by using the resident registration certificate of B issued at the 2-dong community service center in Seoul, Dongdaemun-gu, and by using one copy of B’s resident registration record card as if he were B.

Summary of Evidence

1. Statement by the defendant in court;

1. A written accusation;

1. An application to reissue a resident registration certificate;

1. Application of Acts and subordinate statutes to furnish resident registration copies and abstract data;

1. Article 37 subparagraph 2 and 5 of the Act on the Election of Criminal Crimes and Article 37 and Article 29 (2) of the Resident Registration Act; Imprisonment with prison labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the contents of each crime as indicated in the grounds for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act and the same crime as indicated in the judgment in which punishment becomes final and conclusive, the equality and appearance of concurrent crimes are to be judged.

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