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(영문) 서울서부지방법원 2014.09.24 2013고정2017

공갈등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 2, 2009, the Defendant promised to receive money from a person who is unable to know his/her personal information in the vicinity of the mother's territory in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Sungnam-gu, on the condition that he/she will engage in disguised marriage.

On February 25, 2010, at the Mapo-gu Office in Mapo-gu, Seoul Metropolitan Government, in collusion with C, the Defendant prepared a marriage report as if the Defendant had been married under normal conditions even though the Defendant had never intended to marry with C, and had the public official in charge of family register enter the above marriage report as if he had been married under the family register information system by submitting the above marriage report to the public official in charge of family register in charge of the above Gu office, along with documents necessary for the marriage report, such as a copy of the resident registration certificate, birth certificate, marriage requirement certificate, and confirmation of marriage status.

Accordingly, the defendant made a false report to the public official, and made him enter false facts in the family register information system, which is a public electronic record, and exercised it by allowing him to keep it at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Witness D's testimony;

1. Statement of police statements made to E (D);

1. Marriage relation certificate:

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

1. Article 228 (1) and Article 30 of the Criminal Act, Articles 229, 228 (1), and 30 of the Criminal Act, Articles 229, 228 (1), and 30 of the Criminal Act, the selection of fines for the crime;

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

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

1. Judgment on the part not guilty under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged in the instant case is as follows: (a) the Defendant, while entering the Republic of Korea through a disguised marriage by the victim C (the victim 21 years of age), shall be extended with the consent of the Defendant when a certain period of time expires.