208 Highest 3881 A. Obstruction of the Performance of Official Duties by Fraudulent Means

(b) Hararc records;

(c) Exercising electronic records, etc.;

(d) Forgery of private documents;

(e) Events of a falsified investigation document;

(f) Violation of the Resident Registration Act;

1. A. B. (f) Defendant 1

Housing Gyeyang-gu (hereinafter referred to as "Housing Gyeyang-gu")

Incheon Seo-gu (hereinafter referred to as "Se-gu") in the original domicile

2. A. (b) B. C. Defendant 2

Housing Gyeyang-gu in Incheon (hereinafter referred to as "residential Gyeyang-gu").

In the case of Incheon Gyeyang-gu (hereinafter referred to as "in the place of registration")

3. A. (b) B. C. Defendant 3

Housing Gyeyang-gu in Incheon (hereinafter referred to as "residential Gyeyang-gu").

Reference domicile in Dongdaemun-gu Seoul (hereinafter omitted)

4. A. B. C. Defendant 4

(f) In case of Incheon Gyeyang-gu (hereinafter referred to as "in case of omission");

Standard place of registration, Seosan City (hereinafter referred to as "Omission").

5.(b)(f) the defendant 5

Residence, human nature, Gyeyang-gu (hereinafter referred to as "stalle").

Young-nam Cancer Group prior to the place of registration (hereinafter omitted)

6. A. B. (f) Defendant 6

Housing Gyeyang-gu in Incheon (hereinafter referred to as "residential Gyeyang-gu").

In the case of Incheon Gyeyang-gu (hereinafter referred to as "in the place of registration")

7. A. B. (f) Defendant 7

Housing Gyeyang-gu in Incheon (hereinafter referred to as "residential Gyeyang-gu").

Reference domicile Incheon Yeonsu-gu (hereinafter referred to as "Seo-gu")

8. A. B. (f) Defendant 8

Housing Gyeyang-gu in Incheon (hereinafter referred to as "residential Gyeyang-gu").

In the case of Incheon Gyeyang-gu (hereinafter referred to as "in the place of registration")

9. A. B. (f) Defendant 9

Housing Gyeyang-gu in Incheon (hereinafter referred to as "residential Gyeyang-gu").

[Reference domicile] Yongsan-gu Seoul Metropolitan Government (hereinafter omitted)

10. A. B. C. Defendant 10

Housing Gyeyang-gu in Incheon (hereinafter referred to as "residential Gyeyang-gu").

Reference domicile Incheon Dong-gu (hereinafter referred to as "Saeung")

nan

Law Firm

Attorney in charge

Law Firm

Attorney in charge

November 4, 2008

Defendant 1’s imprisonment with prison labor for October, 2, 3, and 4; and Defendant 10’s imprisonment for June, 5, Defendant 6, Defendant 7, Defendant 8, and Defendant 9, respectively, shall be punished by a fine of KRW 2,00,00, and KRW 00.

In the event that Defendant 5, Defendant 6, Defendant 7, Defendant 8, and Defendant 9 did not pay the above fine, the said Defendants shall be confined in a workhouse for the period calculated by converting KRW 50,000 into one day.

The twelve days of detention days before the issuance of this judgment shall be included in the calculation of defendant 1, and one day shall be included in the calculation of the above punishment against defendant 4.

As to Defendant 1, Defendant 2, Defendant 3, Defendant 4, and Defendant 10, the execution of each of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Defendant 5, Defendant 6, Defendant 7, Defendant 8, and Defendant 9 order the provisional payment of an amount equivalent to the above fines.

To order Defendant 4 to provide community service for 80 hours.

Facts of crime

Defendant 1, Defendant 2, and Defendant 3 are members of the Gyeyang-gu Incheon Metropolitan Council (hereinafter referred to as the "Gu Council"), Defendant 4 is the husband of the member of the Gu Council, Defendant 5 is the secretary general of the affairs division of the Gyeyang-gu Incheon Gyeyang-gu, Defendant 6, Defendant 7, and Defendant 8 is the public official of the secretariat of the Gu Council, Defendant 9 is the licensed real estate agent, and Defendant 10 is the head of the regional headquarters of the Gyeyang-gu Incheon Metropolitan City (hereinafter referred to as the "Gu Council").

On October 207, 2007, the Gu Council was recommended by the Speaker of the Gu Council and the head of Gyeyang-gu Office respectively for the 2008 'Determination of the Council member', and the Council member of Gyeyang-gu Council was commissioned by the head of Gyeyang-gu. The above Council member of Gyeyang-gu requested a public opinion poll to Gyeyang-gu to ensure the propriety and transparency of the Council member's maintenance decision, and the Gyeyang-gu Council member of Gyeyang-gu had conducted a public opinion poll for the 'resident opinion opinion opinion opinion opinion opinion opinion opinion opinion opinion on the determination of the Council member from October 24, 2007 to October 30, 2007' on the website of Gyeyang-gu.

1. Joint crimes committed by Defendants 1 and 5

On October 26, 2007: around 24, Defendant 1 requested Defendant 5 to participate in the above public opinion poll under the name of the person who is aware of his consent, regardless of whether he consented, with the aim of raising ○○ Planning Office operated by Defendant 5 in Gyeyang-gu, Incheon (hereinafter omitted); Defendant 5 visited the homepage of Gyeyang-gu, and entered 'Seoul○○' in the above public opinion poll service' and '620805 - 160000 in the resident registration number column and '6,640,000 won per year, and '6,640,000 won per year, and 200 won per year, and '10,000 won per year,' and '10,000 won per year, 'the above public opinion poll' should be paid from 0,000 won per year, taking into account the rate of inflation, incentives for economic growth, incentives for parliamentary activities, etc.).

As a result, the Defendants conspired to interfere with the survey of the Gyeyang-gu's proposal for the maintenance of Gyeyang-gu's bill through a deceptive scheme, and illegally used another's resident registration number, and forged the survey answer of 10 persons such as the above Kim ○, etc., which is a preliminary record on the certification of facts, and exercised it.

2. On October 30, 2007, Defendant 1 transferred to the public official working for the secretariat of the Gu Council, who is well aware of these circumstances, a list of "the name and resident registration number, etc. of other persons known to him/her," and had the above employees to participate in the said public opinion poll without obtaining the consent of other persons by using his/her personal information.

On October 30, 2007: around 51, Defendant 1 paid 26,640,00 won annually to Defendant 8 for the purpose of raising the improvement at the office of the Incheon Gyeyang-gu (hereinafter omitted); Defendant 8 had access to the website of Gyeyang-gu and decided to pay 201, including an annual rate of increase in salary 208, 30,000 won by taking into account that the above salary ○○ was participating in the above survey; Defendant 8 had access to the website of Gyeyang-gu and received the virtual identity verification service; and 560927 - 1,0000 in the resident registration number column; and 4 of the above survey, 20,000 won were paid to the members of Gyeyang-gu 20,000 won, including an annual rate of increase in salary 208, 300,000 won, and 20,000 won were decided to have been paid.

As a result, the Defendants conspired to interfere with the survey of the Gyeyang-gu's proposal for the maintenance of Gyeyang-gu's bill by a deceptive scheme, and illegally used another's resident registration number, and forged the answer of 25 persons such as the above salary ○, etc., which is a preliminary record on the certification of facts, and exercised it.

3. On October 29, 2007, Defendant 2, Defendant 6, and Defendant 7, Defendant 2, when the expiry date of the pertinent public opinion poll did not exceed 50% of the consent rate, did so to the public officials working for the secretariat of the Gu Council, who are well aware of such circumstances, to transfer the list of the name and resident registration number of the person he knows, and did not obtain the consent of the other person, and did so to have the above employees participate in the public opinion poll without obtaining the consent of the other person.

A. Joint crimes by Defendants 2 and 6

On October 29, 2007, the defendants paid 26,640,00 won per year to the members of the Gu Council, and 2000 won per year to improve the office of Gyeyang-gu Incheon Gyeyang-gu (hereinafter omitted), and the defendant 6 sent a list stating the name and resident registration number to the defendant 6, and the defendant 6 sent a computer homepage to the defendant 30,000 won as if the above gambling ○ participated in the above questionnaire, and entered 6806,17 - 25000 in the resident registration number column and received the real name verification, and then the above questionnaire No. 4 was 26,640,00 won, and 200 won, such as the rate of inflation, incentives for economic growth, incentives for parliamentary activities, etc., 300,000 won, and 30,000 won, and 10,000 won, 200,000 won, 30,000 won per year.

As a result, the Defendants conspired to interfere with the question of the Gyeyang-gu's proposal for the maintenance of Gyeyang-gu's bill through a deceptive scheme, and illegally used another's resident registration number, and forged the survey answers by nine persons, such as the above-mentioned Park ○, etc., which is a preliminary record on the certification of facts, and exercised it.

B. Joint crimes committed by Defendants 2 and 7

On October 30, 2007: around 14:32, Defendant 2 paid 12 members of the Council of Gyeyang-gu, Incheon (hereinafter omitted) the list stating the name and resident registration number to Defendant 7 for the purpose of raising the maintenance at the office of Gyeyang-gu, Incheon. Defendant 7 had access to the website of Gyeyang-gu and entered 50101 - 24000 in the virtual identification service as if the above ○○○ participated in the survey, and obtained the real name verification by entering '501 - 400' in the resident registration number column, and then paid 26,640,000 won per year to the members of the Council, and 200,000 won per annum and 10,000 won per year, 200,000 won per year, and 30,000 won per year, 200,000 won per year, 200,000 won per year.

As a result, the Defendants conspired to interfere with the question of the Gyeyang-gu's proposal for the maintenance of Gyeyang-gu's bill through a deceptive scheme, and illegally used another's resident registration number, thereby putting up 12 survey answers, such as the above 12 preliminary ○○, etc., and exercised them.

4. Defendant 1

On October 26, 2007, the defendant, without his consent, conducted activities as the commander of the autonomous crime prevention unit in Gyeyang-gu Incheon, and knew of the members' personal information: around 52, the defendant visited the website of the National Council in Incheon Gyeyang-gu (hereinafter omitted) and participated in the above survey as if he participated in the survey, he entered 61025 - 2100 ○○○ in the resident registration number column into the computer Gyeyang-gu website for the purpose of raising the improvement at the office of the Gu Council in Incheon Gyeyang-gu (hereinafter omitted) and received the real name verification, and then issued the above survey No. 4, 26,640,00 won annually to the members of the Gu Council, and 30,000 won were 0,000 won and 1,000 won were 0,000 won were 30,000 won were 5,000 won were 30,000 won were 1,000,000 won.

As a result, the defendant interfered with the survey work of the Gyeyang-gu's proposal for the maintenance of Gyeyang-gu, and illegally uses another's resident registration number, and forged the answer of 34 persons, such as this ○○, etc., which is the prior record of the certification of facts, and exercised it.

5. Defendant 3

On October 29, 2007, without their consent, the defendant is working as the members of Gyeyang-gu and is aware of the personal information of the applicants for admission: around 11, the defendant entered the Dong-gu website of Gyeyang-gu in order to raise the improvement at the Gu Council office located in Gyeyang-gu Incheon (hereinafter omitted) and entered the virtual identity verification service into the Dong-gu website of Gyeyang-gu and received a real name verification by entering 440207 - 1800 ○○○ in the resident registration number column of Gyeyang-gu, and then paid 26,640,00 won per year to the members of the Gu Council, and the Gyeyang-gu Maintenance Deliberation Committee of Gyeyang-gu decided 32,127,00 won per year in consideration of the inflation rate, economic growth rate, incentives for parliamentary activities, etc.

The thickness should be more than 1 'A' as to how to think about the level of payment for maintenance of the provisional decision, 'A', and as shown in the annexed crime list (6) as shown in the annexed crime list (6), participated in the survey using personal information, such as the above right ○ and eight resident registration numbers, etc. from around that time to October 30, 207.

As a result, the defendant interfered with the survey of Gyeyang-gu's proposal for the maintenance of Gyeyang-gu, and illegally uses another's resident registration number, and forged the answer of 8 persons, such as the above ○○○, etc., which is a prior record of the certification of facts, and exercised it.

6. Defendant 4

A. Relevant parts of the survey

On October 29, 2007, without the consent of its members, the defendant is working as an early member of the Council of the denying Gu Council, which is the request of ○○○○, to request the participation in the above public opinion poll, and without the consent of its members, he shall make an annual improvement of KRW 26,640,000,00 per annum as of October 29, 207, and at around 39, the defendant's house owner (hereinafter referred to as " omitted) access to the website of Gyeyang-gu computer for the purpose of increasing the maintenance of the list, and this ○○, as if this ○ participates in the above survey, shall enter this O, 50808 - 12000 in the resident registration number column, and then, he shall make a provisional revision of KRW 20,00 per annum as of the present 208, 3000,000 per annum, 200,000 per annum, 370,000 per annum.

10. 29. The survey participated in the survey using nine personal information, such as the above ○○○ and other nine resident registration numbers.

As a result, the defendant interfered with the survey work of the Gyeyang-gu's proposal for the maintenance of Gyeyang-gu, and illegally uses another's resident registration number, and forged the answer of 9 persons, such as this ○○, etc., which is the prior record of the certification of facts, and exercised it.

B. Parts related to the written consent of the survey

On January 2, 2008, the Defendant received a demand for summons from the police in relation to participation in the survey as above, and signed a written consent to the survey by using a computer and the question of the old improvement increase of the Gyeyang-gu Council at the office of the Defendant (hereinafter omitted) located in Gyeyang-gu Incheon (hereinafter omitted) on January 2, 2008. This ○○○○○, O○, Kim○, Kim○, Park○, Park○, Kim○, Kim○, Kim○, Kim○, Kim○, Kim○, Kim○, Kim○, Kim○, Kim○, Ma○○, Ma○○○, Park○○, Park○, Park○, Park○, Park○, Park○, Lee ○, Park○, Park○, Park○, Lee ○, and the last ○○○○, and signed a written consent to the forgery of the above facts as if he did not know of the forgery of the facts from the office of the Gyeyang-gu police station in Incheon (hereinafter omitted).

Accordingly, for the purpose of exercising, the defendant forged a written consent to the questionnaire, which is a private document about a certificate of fact, and exercised it.

7. Defendant 9

On October 30, 2007 without the above ○○○○○○○○○○○○○ request to participate in the above public opinion poll, the Defendant paid 26,640,000 won per year to the members of the Gu Council, and without the above ○○○○○○○○○○○○’s consent, by accessing the website of Gyeyang-gu Office in Incheon Gyeyang-gu (hereinafter omitted) for the purpose of raising the improvement at the ○○ Real Estate Office operated by the Defendant, as if this ○○ participated in the above public opinion poll, entered 68024-24, 21000 in the resident registration number column for the above public opinion poll, and then, ○○○○○○○○○○’s 4-100,000 won per year, and the above 26,640,000 won per year, 200,000 won per year, and 200,000 won per year, 30,700.

As a result, the Defendant interfered with the survey work of the Gyeyang-gu's proposal for the maintenance of Gyeyang-gu, and illegally uses another's resident registration number, and forged the survey answer of the above ○○ name, which is the prior record of the certification of facts, and exercised it.

8. Defendant 10

On October 29, 2007, the defendant is working as one party member at the request of ○○○○○○ Council member who requested the above public opinion poll, and holds the application for joining the above public opinion poll after receiving the application from applicants for admission such as gambling ○○, etc., and on October 29, 2007 without the consent of 0:54, the defendant's work place in Gyeyang-gu Incheon Gyeyang-gu (hereinafter referred to as " omitted) access to the computer homepage for the purpose of raising the improvement at ○○○ Office's office, which is a defendant's work place in Gyeyang-gu, and ○○'s daily identity confirmation service as if he participated in the above survey, 58129 - 1100 billion won in the resident registration number column, 100 won, and 20,000 won per annum, 20,000 won per year, and 30,0000 won per year, 20,000 won per year, and 208.

As a result, the Defendant interfered with the survey of the Gyeyang-gu's proposal for the maintenance of Gyeyang-gu, and illegally uses another person's resident registration number, and forged the answer of five persons, such as the above-mentioned Park ○, etc., which is a prior record of the certification of facts, and exercised it.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of interrogation of Defendants 1, 2, 3, 4, 6, 8, 9, and 10 (including the statement of Defendant 5)

1. Some statements in the suspect examination protocol against Defendant 7 by the prosecution;

1. Each police protocol on each police protocol on ○○○, ○○, ○○, ○○, ○○, Kim○, 00, ○○○, ○○, Kim○, Kim○, Ga○○, Ga○○, Ga○○, Ga○○, Ga○○○, Ga○○, Ga○○○, Ma○○, Ma○○, Ma○○, ○○, Ma○○, Ma○, Ma○, ○○, Ma○, Ma○, Kim○, Ma○, Ma○, ○○, Ma○, Ma○○, Ma○, Ma○, ○○, Ma○, Ma○, ○○, Ma○○, Ma○○, ○○, and Ma○○;

1. A written statement on the preparation of ○○○ and ○○○;

1. Police seizure records;

1. Each investigation report;

1. Application of statutes on written consent of the survey;

1. Article applicable to criminal facts;

A. Defendant 1: Articles 137, 30 (the point of obstructing the performance of official duties by fraudulent means as stated in paragraphs (1) and (2) of the Criminal Act), 137 (the point of obstructing the performance of official duties by fraudulent means as stated in paragraph (4) of the Criminal Act), 232-2, 30 (the point of entering the facts of crime No. 1 and paragraph (2) of the same Article), 232-2 (the point of entering the facts of crime No. 1 and paragraph (4) of the same Article), 234, and 30 (the point of exercising the prior recording as stated in paragraphs (1) and (2) of the same Article), 234 (the point of exercising the prior recording as stated in paragraph (4) of the same Article), Article 37 subparagraph 9 of the Resident Registration Act, Article 30 (the point of denying the use of another person's resident registration number as stated in paragraphs (1) and (2) of the same Article), and Article 37 subparagraph 4 of the Resident Registration Act

B. Defendant 2, Defendant 5, Defendant 6, Defendant 7, and Defendant 8: Articles 137, 30 (a point of obstructing performance of official duties by fraudulent means), 232-2, 30 (a point of uttering of a prior recording) of the Criminal Act (a point of uttering of a prior recording), 234, and 30 (a point of uttering of a prior recording), Article 37 Subparag. 9 of the Resident Registration Act, Article 30 of the Criminal Act (a point of denying another’s resident registration number)

C. Defendant 3, Defendant 9, and Defendant 10: Articles 137 (U.S. Obstruction of Performance of Official Duties by Fraudulent Means), 232-2 (U.S. Omission of Written Recording) and 234 (U.S. 100) of the Criminal Act; Article 37 Subparag. 9 of the Resident Registration Act (the illegal use of another person’s resident registration number)

(d) Defendant 4: Articles 137 (U.S. Obstruction of Performance of Official Duties by Fraudulent Means), 232-2 (U.S. Omission of Entry) and 234 (U.S. Misappropriation of Entry) of the Criminal Act, Article 37 subparag. 9 (U.S. Misappropriation of Entry) of the Resident Registration Act, Article 231 (U.S. Misappropriation of Private Document), and 234 (U.S. Uttering of Entry Document) of the same Act

1. Selection of punishment;

Defendant 1, Defendant 2, Defendant 3, Defendant 4, and Defendant 10 are punished by imprisonment, Defendant 5, Defendant 6, Defendant 7, Defendant 8, and Defendant 9, respectively.

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse (defendants 5, 6, 7, 8, and 9);

Articles 70 and 69(2) of the Criminal Act

1. The inclusion of days of pre-trial detention (defendants 1, 4); and

Article 57 of the Criminal Code

1. Suspension of execution (defendants 1, 2, 3, 4, and 10);

Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da11488, Apr. 1, 201; Supreme Court Decision 2008Da1148, Apr. 2, 201)

1. Order of provisional payment (defendants 5, 6, 7, 8, and 9);

Article 334(1) of the Criminal Procedure Act

1. A community service order (Defendant 4);

Article 62-2 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judges