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(영문) 서울중앙지방법원 2016.10.12 2016고정2646
공전자기록등불실기재등
Text

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

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

Reasons

Punishment of the crime

In early 2012, the Defendant accepted the proposal that “I would have a child of Vietnam born in the Republic of Korea after having reported a false birth of the child of Vietnam born in the Republic of Korea, and then I would have the child depart from Vietnam to receive compensation for the departure from Vietnam.”

The Defendant, around April 2, 2012, at the office of Gangnam-gu Seoul, Gangnam-gu 1 Dong office, and even if he was born among Vietnam, he did not have the awareness of the Defendant, submitted a birth report different from the fact that he was his father, to the public official in charge of the family register who is aware of the fact, and submitted a false birth report to the public official in charge of the family register who is aware of the fact that he was born the above C, and made the public official in charge of the public electronic records stored and used the false family relations information system at that time.

around April 10, 2012, the Defendant continued to have prepared and submitted an application for issuance of C’s passport by stating C’s legal representative as the Defendant and filing a false application for issuance of the passport with C around that time.

On April 22, 2012, the Defendant was issued a departure inspection by presenting C’s passport issued in falsity to the immigration control official in a departure inspection place of Kimhae International Airport to Vietnam.

As a result, the Defendant conspired with B to enter false information in a public electronic record, and exercised it, and entered false information, and received a passport and received a departure inspection with an invalid passport.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of police interrogation regarding E;

1. Entry or departure records by individual;

1. Basic certificate (C);

1. Copy of the red relation certificate;

1. Copy of the birth report;

1. Copy of an application for issuance of passport;

1. A written accusation against an immigration offender;

1. Application of Acts and subordinate statutes to C printed matter of passport issuance information;

1. Relevant Article 228(1) of the Criminal Act and Articles 228(1) and 30 of the Criminal Act concerning criminal facts.

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