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(영문) 대구지방법원 2016.08.12 2016고정1180
공전자기록등불실기재등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant was dead on January 22, 2015 for unlawful uttering of private documents.

The marriage report was prepared and kept between B and B.

After that, on March 16, 2016, the Defendant submitted a marriage report in the name of B to a public official in charge of the public service center in the Gu office among Daegu-gu, Daegu-gu, 139-1 as compensation for state bonds, without obtaining the above B’s consent.

Accordingly, the defendant did not use private documents in B related to rights, duties, or proof of facts.

2. On March 16, 2016, the Defendant entered false records, such as electronic records, into the public service center of the Gu office among Daegu-gu, Daegu-gu, 139-1 with compensation for state bonds, and, notwithstanding the absence of actual intent to enter into a marriage with B, the Defendant submitted a marriage report in the name of B as referred to in paragraph (1) of the above Article, and had a public official in charge of the public service center of the Gu office, who knows the fact, enter into the marriage of the Defendant and B in the marriage-related verification system.

Accordingly, the defendant made a false report to a public official to enter false facts in the same electronic records as the marriage relation certificate.

3. On March 16, 2016, the Defendant: (a) had the public service center of the Gu office among Daegu-gu, Daegu-gu, 139-gil1 keep electronic records containing false facts, such as the foregoing paragraph (2), as the compensation for State bonds; and (b) had the electronic records kept in the public service center of the Gu office.

Accordingly, the defendant exercised the above electronic records.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. B accusation;

1. A copy of the marriage report and a copy of the judgment;

1. Application of statutes governing marriage-related certificates;

1. Relevant Article 228 of the Criminal Act, Article 228 (1) of the Criminal Act (the re-issuance of an official electronic record, etc.), Articles 229 and 228 (1) of the Criminal Act, Article 236 of the Criminal Act, the selection of each fine for the crime;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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