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(영문) 부산지방법원 2016.07.06 2016고정1627

공전자기록등불실기재등

Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. The Defendant: (a) received a certain amount of consideration, such as a false electronic record, and a false electronic record; and (b) received a false report of marriage with a Chinese woman C who wants to be employed in Korea; and (c) made a false report of adoption with a Chinese woman D, who is a Chinese child, to enter Korea.

A. On June 9, 2010, the Defendant filed a false marriage report with C, which was in Busan Jung-gu, Busan, the public service center of the Gu office of the Gu among Busan, which had no intent to marry with C. As such, the Defendant prepared a false marriage report as if he/she was married with C, submitted it to an employee in charge of family register whose name is unknown, and had C enter it into and register as a married one with the Defendant in the family relation registration electronic data processing system, and had the said employee store and operate the family relation registration electronic data processing system stating the false fact at that place.

As above, the Defendant conspired with C to make a false report of marriage, thereby allowing the public official in charge of the above family register to enter false facts in the public electronic records system for registration of family relations, which is an electronic records, and exercised the above public electronic records which are false.

B. On May 3, 2011, the Defendant reported false adoption of D with respect to D, with intent to adopt D falsely, on condition that C would receive KRW 300,000,000 per month living expenses from the above C, at the public service center of the Gu office in Busan, the Defendant prepared a false adoption report, and submitted it to the public official in charge of not knowing D’s name as if D was adopted even though D had no intent to adopt it, and had him/her enter and register D into the registration electronic data processing system for family relations with the Defendant’s adoption, and had him/her store and operate the registration electronic data processing system for family relations, wherein the aforementioned false fact was entered, at that place.

As above, the defendant in collusion with C is false as to D.