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(영문) 서울중앙지방법원 2014.01.24 2013고정948
공전자기록등불실기재등
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. Around July 14, 2009, the Defendant made a false entry into a marriage report in collusion with B, even though he/she did not have a marital relationship with B, he/she prepared a marriage report as if he/she had been married with B, accompanied by documents necessary for international marriage, such as an unmarried certificate, a copy of identification card, and a certified family register copy, and entered the false information that the public official in trust had been married with B in the family relation register of B located in the computerized family relation register of B.

After all, the defendant, in collusion with B, filed a false report with the public official in charge of family relation registration, and made him enter false facts in the computerized records of the family relation register which is a public electronic record.

2. The Defendant in collusion with B for an event, such as false entry/electronic records, had a public official in charge of registration of family relationship keep the same in B’s family relation register stating false facts at the above date, time, and place.

Summary of Evidence

1. Protocol concerning the examination of each police suspect against the defendant and B;

1. A report on investigation (Attachment of a marriage report);

1. Application of the B marriage relation certificate law

1. Article 228 (1) and Article 30 of the Criminal Act, Articles 229, 228 (1), and 30 of the Criminal Act, applicable to the facts constituting an offense and Articles 228 (1) and 30 of the Criminal Act: Selection of each fine;

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;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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