공전자기록등불실기재등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. According to the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged in this case, although it can be acknowledged that the defendant had a disguised marriage for the purpose of acquiring nationality without the intention to maintain a normal matrimonial relationship with D, which affected the conclusion of the judgment by misunderstanding the facts.
2. Determination on the grounds for appeal
A. The summary of the facts charged was that the Defendant is a national of the People's Republic of China, and D accepted the offer from G, a ‘Madroker', a ‘Madroker', to give free tourism of China and cash KRW 4 million in disguised marriage with the Defendant.
At around 10:00 on August 18, 200, the Defendant conspired with D in collusion with D, but had D enter a false marriage report and a false marriage-related documents, such as a notarial document, into the public official in charge of the family register, so that the public official in charge of the family register, who knew of the fact, got D to enter false facts into the family register register of D in the family register information system of public electronic records, and exercised it immediately at the same time, by having the public official enter the false facts into the family register register of D in the family register information system of public records, and stored them in the family register information system of public records.
B. The lower court determined: (a) First, the police suspect interrogation protocol of D against the person making the original statement is acknowledged as having been made; (b) as such, it is not admissible as evidence; and (c) according to the result of the discovery of location, D’s location is not identified; (d) however, according to the record, D responded to the purport that “self-reliance is benefiting, and cannot be present at the court” in a telephone call over two occasions by this court.