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(영문) 서울중앙지방법원 2014.04.24 2013고정6916
주민등록법위반
Text

The defendant shall be innocent.

Reasons

1. The Defendant, as an operator of the Internet Kapet “B,” planned to visit Masansan and Yongsan-do, both members of the mountain conference and the members of the Yongsan-do, but was required to submit a list of visitors in advance from the competent authorities to obtain permission for the visit. As such, the Defendant was willing to obtain permission for the visit in advance using the list of members who did not file an application for the visit.

On August 9, 2013, at the defendant's house located in Seongdong-gu Seoul and 202, the defendant submitted a list of visitors to Masansan, stating the name, resident registration number, etc. of E and 31 other than E who did not wish to visit when he/she filed an application for visit to Masan on August 24, 2013, using Internet mail at the defendant's office located in Seongdong-gu Seoul and 202.

Accordingly, the defendant used another person's resident registration number unlawfully.

2. Article 37 subparag. 10 of the Resident Registration Act of the board of directors does not present a tangible identification document stating a resident registration number or driver’s license, such as a resident registration certificate or driver’s license in a public and private life field, and the act of using the resident registration number should be deemed to be prescribed in order to punish a person who, without the permission of the resident registration number holder, conducts as if the person had obtained the permission, or conducts as if the person was the person in possession, as if the person in possession was the person in possession.

Therefore, another person's resident registration number was used without permission of the possessor.

Even if the resident registration number is used for the identification of the person in question or for a specific purpose, the crime of unlawful use of the resident registration number under the above provision is not established unless it leads to the use of the resident registration number.

(See Supreme Court Decision 2009Do4574 Decided September 10, 2009). Therefore, in order to establish a crime of unlawful use of resident registration number against the defendant, the crime of unlawful use of resident registration number is established.

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