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(영문) 대구지방법원 서부지원 2012.01.18 2011고정788

공전자기록등불실기재등

Text

The defendant shall be innocent.

Reasons

1. The Defendant is a national of the People's Republic of China, and D is a person who has worked for E located in the following cities. D accepted the proposal from G, which is a ‘definite marriage hub', to give free tourism and cash KRW 4 million in the event of disguised marriage with the Defendant.

Accordingly, on August 18, 2006, the Defendant conspired with D in collusion with D in order to enter the false facts into the family register of D in the information system of public electronic records, by making a false report to the public official in charge of the family register entry into the purport that he was married with D in the name of the public official in charge of the family register, and by making the public official in charge of the public official enter the false facts into the family register register of D in the family register information system of public electronic records, and stored them in the family register information system of public electronic records immediately at least at the same time.

2. Determination

A. First, the protocol of interrogation of a police suspect as to D is inadmissible as it is not recognized as having been filed by D as the original person making the original statement.

(B) According to the result of the request for the detection of location, D's location is not identified, but according to the record, D's response to the purport that "a person's identity is benefiting industry and is not allowed to attend the court" in a telephone call over two times by this court, and the witness summons is not complied with. Therefore, in this case, D's location is not known.

Next, since the defendant denies the contents of the police interrogation protocol against the defendant in this court, it is not admissible as well.

C. A copy of the judgment in the Jeonju District Court 2007 High Court 1308, 2008 High Court 287 High Court 2008 High Court 287, which the prosecutor submitted, and the above court 2008 High Court 140.