beta
(영문) 대전지방법원 2013.06.26 2012고정2533

공전자기록등불실기재등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant, who recorded false public electronic records, conspired to make a disguised marriage for the purpose of acquiring Korean nationality in spite of the fact that he/she had not been married with B of Vietnam’s nationality, by means of a false marriage.

On November 13, 2009, the Defendant prepared a marriage report at the office of Kusan-gun, Chungcheongnam-do, the two North Korea-gun, the Republic of Korea-U.S., the Republic of Korea-U.S., even though he did not have married with B, and submitted it to the public official in charge of the registration of family relationship who did not know of the fact to the public official in charge of the registration of family relationship to enter the false fact in the computerized data of the family relations register.

Accordingly, the defendant, in collusion with B, made a false report to a public official, and made a false report to enter false facts in the family relations register which is a public electronic record.

2. Around that time, the Defendant conspired with B to hold a false official electronic record event, which had the above office north-Gun Office of Geumsan-gun with a false fact recorded, and exercised it by having the aforementioned office keep a false record.

Summary of Evidence

1. The suspect interrogation protocol of the police as to B;

1. Application of Acts and subordinate statutes on family relation certificate;

1. Article 228 (1), Article 30 of the Criminal Act, Articles 229, 228 (1), and 30 of the Criminal Act for facts constituting an offense, and Articles 228 (1), 30 of the Criminal Act for the choice of punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;