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(영문) 서울중앙지방법원 2014.02.07 2012고정997

공전자기록등불실기재등

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case was to receive KRW 4 million from B in return for a disguised marriage with C (D.).

On March 3, 2009, the Defendant: (a) around March 3, 2009, at the Seoul Guro-gu Family Register Office; (b) notwithstanding the absence of intention to marry with C, the Defendant stated the Defendant’s personal information in the “Namn” column for the parties to the marriage registration form kept there; and (c) submitted a false report to the public official in charge of the above Gu office who did not know the fact; and (d) had the said public official enter and keep the false details of the marriage registration in the family register information processing system.

Accordingly, the defendant, in collusion with the above B and C, made a false report to the public official, made a false report to enter false facts in the family register information processing system, which is a public electronic record, and exercised the family register information processing system, which is a false public electronic record.

2. The evidence alone presented by the Prosecutor is insufficient to acknowledge the facts charged in the instant case, and there is no other evidence to prove otherwise.

3. In conclusion, the facts charged in the instant case constitute a case where there is no proof of facts constituting the crime, and thus, the judgment of not guilty is rendered under the latter part of Article 325