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(영문) 서울남부지방법원 2014.06.12 2013고단4638

공전자기록등불실기재등

Text

Defendants are not guilty.

Reasons

1. Around April 2013, Defendant A received a proposal from Defendant B to offer four million won per week by filing a false report of marriage with Defendant B, and agreed to enter the F in his family relation certificate, etc. so that he can stay in Korea.

Defendant

A received from Defendant B the marriage requirement certificate, lease contract, etc., which is necessary for filing a marriage report, and around 15:00 on May 28, 2013, at the HMyeon Office located in Gangnam-gun G, Gangwon-gu, Gangwon-do, the state of marriage was falsely prepared as if he/she were married with F in a false manner without the intention to marry with F, and the public official in charge of family registration was in charge of family registration affairs by submitting a certificate, etc., which is a requirement for marriage, and made the public official in charge of family registration enter and record the false fact that he/she and F were married in the marriage relation column of the family register information system, which is a public electronic record, and stored and operated a family register information system where the above content

As a result, the Defendants conspired with F and recorded false facts in the family register information system, which is a public electronic record, and exercised them.

2. The following circumstances acknowledged by the record of the instant case: ① the Defendants visited China twice from May 3, 2013 to June 27, 2013, namely, the following circumstances: (a) the Defendants came to know that they came to be a customer in the last place of Defendant B’s operation; (b) Defendant B offered that he would look at the F of the Chinese nationality of Defendant B, an unmarried Defendant A; and (c) Defendant A paid the F of the Chinese nationality of Defendant B, the amount of money from May 3, 2013 to May 9, 2013; and (d) Defendant A was unable to readily conclude that the said amount of money was the false marriage without the prosecutor’s consent, in light of the following: (a) the Defendants visited China on two occasions from June 23, 2013 to June 27, 2013; and (b) Nonparty B paid the said amount of money to Defendant A at least 200,000 won.