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(영문) 서울서부지방법원 2013.12.13 2013고정2073

공전자기록등불실기재등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 16, 2009, the Defendant was sentenced to a suspended sentence of two years and a fine of 500,000 won in the June of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul Western District Court (hereinafter “Seoul Western District Court”), and the judgment on October 24, 2009 became final and conclusive.

1. Notwithstanding the fact that the Defendant and B were not married, around July 18, 2006, they prepared a false marriage report stating their names and other personal information in the marriage party column in the Eunpyeong-gu Seoul Metropolitan Office of Eunpyeong-gu, Seoul, and submitted it to the public official in charge of the Gu office.

The defendant and B had a public official in charge of the above fact-finding register registered in the family relation register, making a false report to a public official, and recorded false facts in the same electronic record as the original of a notarial deed.

2. The Defendant and B exercised the event, such as false entry and electromagnetic records, etc., by having the aforementioned family relation register kept at the same time and place as in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. A marriage relation certificate and a copy of marriage report document;

1. Previous records: Criminal records, etc. inquiry reports and application of court rulings and other Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Articles 228 (1), 30 of the Criminal Act concerning the selection of punishment, and Articles 228 (1), 30 of the Criminal Act concerning the selection of punishment, Articles 229, 228 (1), and 30 of the Criminal Act;

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 Criminal Act for the detention of a workhouse;