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(영문) 의정부지방법원 고양지원 2017.01.06 2016고정694

공전자기록등불실기재등

Text

Defendants are not guilty.

Reasons

1. Defendants A and B, with the knowledge that it is easy to stay in the Republic of Korea when a foreigner married with a Korean national as a Chinese ship foreigner, the Defendants conspired to marry in a false manner with the aim of having Defendant B sojourn in the Republic of Korea.

A. On June 3, 2010, the Defendants did not intend to marry at the public service center of the Dong-gu, Busan Metropolitan City, Dong-gu, Busan Metropolitan City, 1256, the center center of the Dong-gu, Yongsan-gu, 2010, and Defendant A submitted a false marriage report to the public official in charge of family relation registration teams who are aware of the fact that the Defendants did not intend to marry, and had the public official enter false facts in the family relation registration information system as electronic records

B. On June 3, 2010, an event, such as a false electronic record, was held by having the Defendant A keep the computerized data on the family relation register of his family relationship, wherein false facts are entered in the public service center of the Dong-gu, Busan Metropolitan City, Dong-gu, 1256 located at the center of Goyang-si, Busan Metropolitan City.

2. The Defendants have consistently filed a marriage report from an investigative agency to an investigation agency with the intent of mutual genuine marriage, and have maintained the marriage relationship until now.

The testimony at the second trial date, E's E's investigation agency and the second trial date, and the statement at this court, which correspond to the facts charged, are relatively directly increased.

그러나 위 공소사실에 부합하는 듯한 진술들은 모두 추측에 불과하거나 소재가 불명한 E, H나 이미 사망한 E의 모 I로부터 전해 들었다는 것에 불과 한데 다, ㉠ 피고인들의 변소에 부합하는 E의 부친 J, 피고인 B의 지인 K의 법정 증언, ㉡ F의 제 4회 공판 기일에서의 번복 증언, ㉢ 피고인들과 피고인 B의 딸, 친정어머니, 피고인 A의 부친이 함께 찍은 사진들, ㉣ 피고인들 이웃 주민들의 사실 확인서 등에 비추어 이를 그대로 믿기 어렵고, 달리 합리적...