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(영문) 창원지방법원 통영지원 2015.11.27 2013고단844 (1)
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 4, 2005, the Defendant entered the Republic of Korea as a family member of the Chinese nationality ship (F1) and stayed illegally after the expiration of the period of stay on July 3, 2008, and was subject to the order of departure on June 6, 2009, and was unable to re-entry the Republic of Korea, the Defendant conspiredd with B to re-entry into the Republic of Korea through a disguised marriage with B, a family member of the previous restaurant business.

B around 10:00 on October 19, 201, at the Ansan-dong community service center located in 95, Ansan-si, Pursuant to the above public offering, the defendant and the relevant documents were submitted to the public official in charge of the above community service center for entering and registering as a true marriage in B and the defendant in the family information processing system, which is a public electronic record, the public official who is aware of the fact, had the above public official enter and register as a true marriage. At around that time, the above public electronic record stored and operated the family information processing system, which is a public electronic record, which is a public electronic record.

Summary of Evidence

1. Some of the interrogation records of the accused and the B by the prosecution;

1. C’s statement;

1. Each investigation report and internal investigation report;

1. Application of Acts and subordinate statutes to the marriage relation certificate and copy thereof;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 228 (1), 30 (a) of the Criminal Act that prescribes the option of punishment, Articles 229, 228 (1), and 30 (a) of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. It shall be ruled as ordered for not less than Article 62(1) of the Criminal Act (i.e., the first offender and the punishment heavier than the suspension of execution, if entering the Republic of Korea is deemed impracticable);

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