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(영문) 인천지방법원 2017.04.20 2017고정584

공전자기록등불실기재등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a Chinese-foreign person, who is a Korean national by naturalization in 2007, who is also a Chinese-foreign person, B is also a Chinese-foreign person, and on March 26, 201, who entered the country as a national spouse (F-2-1) and the expiration date of his stay has expired.

1. No person who enters false matters, such as electronic records, shall make a false report to a public official and have him/her enter or record false matters in the original copy of a deed of process or special media records, such as electronic records equivalent thereto;

Nevertheless, around January 3, 2011, at the Gangseo-gu Seoul Metropolitan Government Office of Gangseo-gu, 302, the Defendant and B conspired with the Defendant to make a false statement of marriage as if the Defendant had no intention to marry with B, and as if the marriage was duly formed, the Defendant and B falsely made the false statement in the “name of the husband of the party to the marriage report” column of “B”, “C”, “the name of the wife” column of “C”, “the name of the wife”, “B” column of “A”, “resident registration number”, “D”, and “the address” column of “Seoul Gangseo-gu,” and submitted it to the public official in charge of electronic records and submitted it to record the false fact in the “Seoul-gu, Gangseo-gu” information system of the family register as the public official of electronic records.

2. In collusion with the Defendant, the event, such as electronic records entered in a false statement, was held on a normal basis in collusion with the Defendant at the same time and at the same place as the foregoing 1. Paragraph 1. The above family register information system, which is a public electronic record, stating false facts, was operated.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer under B;

1. Family relation certificates, marriage relation certificates, etc.; marriage report documents (B); personal immigration status; and the application of statutes;

1. Relevant legal provisions of the Criminal Act, Articles 228(1), 30 (a) of the Criminal Act, Articles 229, 228(1), and 30 (a) of the Criminal Act, and the choice of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The detention of a workhouse;