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(영문) 부산지방법원 2014.10.13 2014고정3417

공전자기록등불실기재등

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 20, 2011, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Busan District Court on August 31, 2011 and the judgment became final and conclusive on August 31, 2011.

1. On December 8, 2008, the Defendant entered false records, such as public electronic records, etc., and the same events: (a) with a view to enabling a female to enter the Republic of Korea and be employed by entering the country without any intention to enter married life with Vietnam Women B (C), a public official in charge to prepare a marriage report as if he/she married with B, and submit a report of marriage to the public official in charge of being aware of such fact to enter false facts in the family relation registration information system as public electronic records; and (b) with a family relation registration information system in which such false facts were stored, the public official in charge was operated.

2. No person who violates the Immigration Control Act shall invite an alien by fraudulent means, such as making a false entry of the alien or providing a false fidelity guarantee, in order to allow the alien to enter the Republic of Korea;

Nevertheless, on January 14, 2009, the Defendant invited the above B to apply for a short-term visa for marriage purposes by using documents necessary for invitation, such as a marriage relation certificate and family relation certificate, which was falsely reported and issued at the Embassy of the Republic of Korea in Vietnam, as described in paragraph (1), at the Embassy of the Republic of Korea in Vietnam.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Short-term visa issuance statement, or registered foreigners card; and

1. Application form for visa issuance, marriage relation certificate, and family relation certificate;

1. Previous records: Criminal records, Konet case search and outputs, and the application of a copy of each written judgment under statutes;

1. Relevant Article of the Criminal Act and Article 228(1) of the Criminal Act (the point of entry of false information in public records), Articles 229 and 228(1) of the Criminal Act (the point of exercise of false information and electronic records) regarding criminal facts, and Article 10282 of the former Immigration Control Act (amended by Act No. 10282, May 14, 2010).