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(영문) 인천지방법원 2015.09.04 2015고정2257

공전자기록등불실기재등

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

[criminal power] On December 20, 2005, the defendant was sentenced to a suspended sentence of two years for one year of imprisonment due to false entry into public electromagnetic records, etc. at the Incheon District Court, and the above judgment became final and conclusive on December 28, 2005. On October 17, 2006, the Incheon District Court sentenced a suspended sentence of two years of imprisonment for eight months due to the crime of false entry into public electromagnetic records, etc., and became final and conclusive on October 25, 2006.

【Criminal Facts】

On October 23, 2003, the Defendant offered that he would make a false marriage with Chinese woman, and obtained the consent of B, and then introduced C through a disguised marriage broker in China. On December 5, 2003, B and C prepared a marriage registration statement as if they had no intention to marry at the South-gu Office of Family Register in Incheon, Nam-gu, Incheon, and submitted it to the public official in charge of family register management, and had the public official in charge of family register enter B and C into the family register information processing system, which is a public electronic record, and registered.

Accordingly, in collusion with B and C, the defendant made false records in public electronic records, and exercised them immediately after the operation of public electronic records.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Marriage report;

1. Status of individual entry and departure;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (report accompanied by a copy of a criminal suspect A-related decision);

1. Article 228 (1), Article 30 of the Criminal Act for the relevant criminal facts, Articles 229, 228 (1), and 30 of the Criminal Act for the crime (the point of exercising false entry information and electronic records, the choice of fines);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.