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(영문) 수원지방법원 안산지원 2013.05.21 2013고단582
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2009, when the defendant registered a child in the family relations register of Korean people who are expected to be given birth immediately, he/she conspireded to make a false report of marriage without being married with B who is the seat of Korean people, even if he/she departs from the Republic of Korea on the ground that he/she is illegal aliens.

Therefore, the defendant in collusion with B, around June 22, 2009, in the common service center of the Bupyeong-gu office in Ansan-si, Sinsan-si, the defendant and the defendant had a public official in charge of name in the column of entry of the marriage declaration form, which is kept in the public service center as if he had no intention to marry with the defendant and had him enter the marriage registration form B and the defendant into the marriage registration form and enter them into the family relations information processing system, thereby having the public official make a false report to the public official, and store and operate it, thereby having the public official enter the false facts in the family relations information processing system, and exercising the public electronic records containing the above fraudulent facts.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect B by the prosecution;

1. Investigation report (the filing of the marriage report and the marriage relation certificate);

1. Application of Acts and subordinate statutes to investigation reports (Attachment of related cases);

1. Relevant Articles 228 (1) and 30 of the Criminal Act concerning criminal facts (the point of exercising events, such as false entry in public records, electronic records, etc.) and Articles 229 and 228 (1) and 30 of the Criminal Act; the choice of imprisonment);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant repents wrongs and is the first offender);

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