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(영문) 대전지방법원 2018.07.05 2017고정919
공전자기록등불실기재등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

In order to raise B of the nationality of the Socialist Republic of Vietnam when entering the Republic of Vietnam, the Defendant agreed to receive KRW 5 million from the person in unsound name, and to file a false marriage report with the above B, and received documents necessary for filing a marriage report from B around 2009, such as a copy of the passport, a birth certificate, etc.

1. On December 14, 2009, the Defendant entered false records, such as public electronic records, in the office of North-Myeon in the area of the Gun located two North-west, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant, despite having no intention to marry, had the intention to marry, submitted to the public service center a marriage report stating “A” and “B” in the husband’s column of the marriage report form kept in the public service center, and the documents issued from “B” and the documents issued from “B” were to be entered into the public service official under his/her name and registered with the Defendant as the electronic data of family relations register, which is an official electronic record.

Accordingly, in collusion with B, the Defendant made a false report to the public official, and made the public official record of false facts in the family relation register.

2. The Defendant had a public official in the foregoing name in the date and place indicated in paragraph 1, and had him/her keep the family relation register in which the false fact was entered, and exercised the electronic records, etc.

In collusion with B, the Defendant used electronic records containing false facts.

Summary of Evidence

1. Statement made by the police against the defendant;

1. Family relation certificate, foreigner registration record list, and copy of marriage report;

1. Status of individual entry or departure;

1. A copy of a letter of transfer of each case;

1. Application of Acts and subordinate statutes to each protocol of suspect examination (a copy of each protocol of suspect examination of the police against B, C, and D;

1. Relevant Article 228 of the Criminal Act, Article 228 (1) and Article 229 of the Criminal Act, Article 30 of the Criminal Act, concerning the crime;

1. The former part of Article 37 of the Criminal Act, and Article 38 (1) 2 of the Criminal Act, Article 38 (1) 2 of the same Act.

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