Suncheon attorney consultation example | A Suncheon attorney consultation, success in a light fine for a client suspected of violating the Resident Registration Act

A false relocation report refers to changing only one's registered address under the Resident Registration Act without actually moving one's place of residence.

Under the current Resident Registration Act, where a false relocation report is uncovered, a person who falsely reports or applies for a resident registration or a resident registration card shall be punished by imprisonment with labor for not more than 3 years or by a fine not exceeding 30 million won (Article 37(1), subparagraph 3-2 of the Resident Registration Act).

Filing a relocation report at a place entirely different from one's actual residence, a so-called false relocation report, is an act that violates the Resident Registration Act and constitutes Violation of the Resident Registration Act under Article 37(1), subparagraph 3-2 of the same Act.

Through the Suncheon attorney consultation, Daeryun argued that the complainant had filed a false report owing to a conflict with the client.

The prosecutor, relying solely on the claims and statements of the complainant, who was in an adversarial relationship with the client, asserts that the client filed a false relocation report.

The complainant is the client's husband, and the couple are currently living separately. Due to the client's financial circumstances, the complainant told the client to reside at the real property at issue in this case, and the client thereafter moved in and actually resided there for about 5 months.

However, owing to a conflict that arose while the complainant and the client were going through the divorce process, the complainant abruptly filed a false report alleging that the client had made a false relocation report.

Through a thorough consultation with the client, the Daeryun Suncheon attorney argued that the charged facts in this case could not be regarded as proven beyond a reasonable doubt and that the client should therefore be acquitted under Article 325 of the Criminal Procedure Act.

Article 325 of the Criminal Procedure Act (Judgment of Acquittal)

Where the case against the defendant does not constitute a crime, or where there is no proof of the criminal facts, an acquittal shall be pronounced by judgment.

Through the Suncheon attorney consultation, Daeryun proved through objective facts that the client was actually residing there.

By means of a written statement from a repair technician who had visited the client's home regarding a bathroom repair, the Daeryun Suncheon attorney argued that it was clear the client was residing at the real property at issue in this case, citing the statement that “the client personally opened the door, and traces of household belongings were also confirmed.”