A. The defendant, who is guilty of the facts, submitted a report of marriage with B with the intention of marriage to enter the fact of marriage into an electronic information processing system for registration of marriage relations. Since the fact of marriage was not entered by falsity, the judgment of the court below which found the defendant guilty of the facts charged in the case of this case is erroneous in the misapprehension

B. The sentence of the lower court (one year of suspended sentence in six months of imprisonment) against an unfair defendant is too unreasonable.

2. Determination

A. 1) The judgment of the court below also asserted the same purport as the grounds for appeal in this part. The court below held that Article 815 subparagraph 1 of the Civil Code of the Republic of Korea provides that the marriage shall be null and void when there is no agreement between the parties on marriage, and that the reason for nullity of marriage refers to the case where the parties did not have an intention to create a mental or physical combination, which is recognized as a couple under the social concept, and thus, the parties have an intention to establish a family relationship, which is a couple under the law of the Republic of Korea, as the parties have agreed on the guidance of marriage itself.

Even if it is acknowledged that it is merely a tool to achieve other purposes, and if there is no intention to have the effect of establishing a marital relationship among them, the marriage shall be interpreted as null and void pursuant to Article 815 subparagraph 1 of the Civil Act (Supreme Court Decision 96Do2049 delivered on November 22, 1996). In light of the above legal principles, the evidence duly adopted and examined by the court below is that the defendant and B were married for the purpose of staying in the Republic of Korea without the intention to establish a marital relationship with the defendant, and it was not effective because they did not meet the requirements of substantial establishment as a marriage under the law of the Republic of Korea.