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(영문) 인천지방법원 2017.11.03 2017고정2413
공전자기록등불실기재등
Text

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

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

Reasons

Punishment of the crime

The Defendant registered the birth of B and C, a son, and a child born by the father and wife of Vietnam, including a birth registration and a passport, with the birth of the child born by the husband and wife of Vietnam, and then issued the passport of the Republic of Korea with the child’s passport issued by B to the family members of Vietnam. At the time of reporting the birth of the child, C conspired to serve as the mother of the child and the defendant to act as the pre-delivery.

Around July 11, 2013, the Defendant recruited, at the Incheon Yeonsu-gu Office located in 115, as the cause of the Yeonsu-gu Incheon, the Defendant: (a) reported the birth of a pair of the birth of a baby born by the Vietnam national couple, “D (E)” and “F (E)”, and “C” in the birth report column; (b) the Defendant entered “A” and “G” in the birth report column; and (c) submitted the birth report and the birth certificate, accompanied by a copy of the identification card, and had the public official in charge know of such circumstance enter “D” and “F” into the electronic records family relation registration system as “C” and “F” as his children.

Accordingly, the defendant, in collusion with B and C, entered false facts in the public electronic records register system of family relations, and around that time, exercised the registration system of family relations by operating it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Copy of protocol concerning the examination of suspect B of the police; and

1. Application of Acts and subordinate statutes to each birth report, each birth certificate, each basic certificate, and family relation certificate;

1. Relevant Article 228(1) of the Criminal Act, Article 228(1) of the Criminal Act, Article 30 of the Criminal Act, Articles 229 and 228(1) of the Criminal Act, Article 30 of the Criminal Act (a point of events, such as electronic records entered as false), and selection of each fine for a crime;

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.

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