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(영문) 부산지방법원 2008.7.22.선고 2008고단3039 판결
공전자기록등불실기재,불실기재공전자기록등행사
Cases

208 highest 3039 (a) False entry into public electronic records, etc.

(b) Events such as false statements and electromagnetic records;

Defendant

1.(a) A

2.(a) B

3.(a)(b) C

Prosecutor

X

Imposition of Judgment

July 22, 2008

Text

Defendant A shall be punished by imprisonment for one year, by imprisonment for not more than eight months, by imprisonment for Defendant B and C. The forty-five days of detention days prior to the pronouncement of this judgment shall be included in the above sentence against the Defendants. However, with respect to Defendant C, the execution of the above sentence shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal History Office

1. Defendant A (former nationality: four arms) and B’s joint criminal conduct;

A. Around November 1997, Defendant A, a person who acquired Korean nationality on or around March 2004 through marriage with Korean nationals, was entrusted with disguised marriage from four Korean women, and D recruited South Korea, a person who is a disguised marriage, and arranged disguised marriage, and Defendant B was a party to disguised marriage.

On December 4, 2006, Defendant A and D proposed a disguised marriage to Defendant B at the funeral hall located in Jeonyang-gun, Jeonyang-gun on December 4, 2006, and Defendant B consented thereto, Defendant A introduced four-pin local women E as the other party for disguised marriage B.

On April 27, 2007, the Defendants, along with the above D, prepared a report of marriage as if Defendant B had done a normal marriage with the above Party E, and submitted the documents of marriage relationship issued by the above Party E and sent them to the public official in charge of the above family register, and had the public official in charge of the above family register record the above facts as having been actually married with Defendant B. However, Defendant B had no intention to marry with the above Party E, and there was no actual marital relationship.

Ultimately, in collusion with the above D, the Defendants made a false report to the public official, and made the public official record-keeping recorded false facts in the family register, which is an electronic record, and exercised it by allowing the public official to preserve the above family register at around that time.

B. Defendant A was entrusted with disguised marriage from four sale local women, and Defendant B conspiredd to arrange disguised marriage by recruiting Korean men, who are persons eligible for disguised marriage, to arrange their disguised marriage. Defendant B offered a disguised marriage to F on the front side of the Jongno-gu Seoul Police Agency on February 2, 2008, and the aforesaid F accepted it, and Defendant A introduced the disguised marriage to Defendant A as the disguised marriage of four sale local women.

On March 19, 2008, the Defendants, along with the above F, prepared a report of marriage as if the above F had been married with the above G, and submitted the report to the public official in charge of the above family register along with the marriage relation documents sent by the above G N N NE and sent it to the public official in charge of the above family register. The above F had the public official in charge of the above family register read it to the above G as having actually married with the above G. However, the above F did not have any intention to marry with the above G, and there was no actual marital relation.

After all, in collusion with the above F, the Defendants made a false report to the public official, and made the public official record-keeping recorded false facts, and exercised it by allowing the public official to preserve the above family register at around that time.

In addition, from December 26, 2007 to April 21, 2008, the Defendants arranged a false marriage report over a total of 16 times from around 26, 2007 to April 21, 2008 by arranging a false marriage report, and had a public electronic recording book record-keeping record-keeping record-keeping, and exercised it by allowing the above-mentioned family register to be preserved at around that time.

2. Joint crimes committed by Defendant A and C;

Defendant C recruited Korean men, a disguised marriage, and Defendant A conspired to arrange disguised marriage by being entrusted with disguised marriage from four sale local women.

around April 2007, the Defendants offered a disguised marriage to H from the next side of the Seoul East subway Station, and the above H consented thereto, and introduced the Defendant A to Defendant A a disguised marriage as the other party of the Korean womenJ.

On May 25, 2007, the Defendants, along with the above H, completed the marriage report as if the above H had a normal marriage with the said J, and submitted to the public official in charge of the above family register as well as the documents related to the marriage that the said J had been dispatched at four arms, and had the public official in charge of the above family register record the above H as having been actually married with the said J. However, the above H had no intention to marry with the above J. However, there was no actual marital relationship.

After all, in collusion with the above H, the Defendants made a false report to the public official and made the public official record-keeping recorded false facts on the family register, and exercised it by allowing the public official to preserve the above family register at around that time.

3. Defendant A

A. A. On December 4, 2006, the Defendant offered a disguised marriage to D at a funeral hall located in Jeonyang-gun, Jeonyang-gun, and the above D consented thereto, and the Defendant introduced them to the disguised marriage of four sale local women K as the other party.

On January 22, 2007, the Defendant, along with the above D, prepared a marriage report as if the above D had done a normal marriage with the above K, and submitted it to the public official in charge of the above family register as well as the marriage relation documents sent by the above K at four arms, and had the above public official in charge of the above family register record the above D as having been actually married with the above K. However, the above D had no intention to marry with the above K, and there was no actual marital record.

Ultimately, in collusion with the above D, the Defendants made a false report to the public official, and made the public official record-keeping recorded false facts in the family register, which is an electronic record, and exercised it by allowing the public official to preserve the above family register at around that time.

B. Defendant A was entrusted with disguised marriage from four sale local women, and D conspiredd to invite Korean men, a disguised person, to arrange disguised marriage by recruiting them.

On December 4, 2006, the Defendant and D proposed a disguised marriage to M at the funeral hall located in the Jeonyang-gun, Jeonyang-gun on December 4, 2006, and the above M consented, Defendant A introduced four local women P to the disguised marriage of M.

On January 22, 2007, the Defendant, along with the above D and M, prepared a marriage report as if the above M had done a normal marriage with the above P, and submitted it to the public official in charge of the above family register as well as the marriage relation documents sent by the above E in four arms, and had the public official in charge of the above family register record the above M as having been actually married with the above P. However, the above M did not have any intention to marry with the above P, and there was no actual marital relation.

Ultimately, in collusion with the above D and M, the Defendant made a false report to the public official, and made a false report to record the false facts in the family register, which is an electronic record, and exercised it by allowing the public official to preserve the above family register at around that time.

In addition, on January 22, 2007, from November 23, 2007 to November 23, 2007, the Defendant arranged a false marriage report on three occasions in total, such as the omission of entry in the annexed crime list (2) by the above method, and had the public electronic recording book record the false facts, and exercised the same by allowing the preservation of the above register at around that time.

C. Defendant A was entrusted with disguised marriage from four sale local women, and M was recruited to arrange disguised marriage by recruiting Korean men who are one of the disguised marriage.

On January 2008, the Defendant and M proposed a disguised marriage to R at the Seocho-gu Seoul Metropolitan Government Additionaldong on the early January 2008, and the above R accepted it, Defendant A introduced the local female S to the disguised marriage of R.

On January 30, 2008, the Defendant, along with the above M and R, prepared a marriage report as if the above R had been married under normal conditions with the above S, and submitted them to the public official in charge of the above family register along with the marriage relation documents sent by the above S and sent them to the public official in charge of the above family register, and had the public official in charge of the above family register record the said R as having been actually married with the above S. However, the above R had no intention to marry with the above S, and there was no actual marriage.

Ultimately, in collusion with the above M and R, the Defendant made a false report to the public official, made a false report to record the false facts in the family register, which is an electronic record, and exercised it by allowing the public official to preserve the above family register at around that time.

In addition, on July 23, 2007, from around March 20, 2008 to March 20, 2008, the Defendant arranged a marriage report by making a false representation of the marriage report five times in total, such as the “Attachment List of Crimes (3)” omitted, and had a public electronic recording book record the false facts, and exercised the same by having the family register preserved at around that time.

D. Defendant A was entrusted with disguised marriage from four sale local women, and T was recruited to arrange disguised marriage by recruiting Korean men who are one of the disguised marriage.

T has offered a disguised marriage to U on January 1, 2008, and the above U has accepted it, the defendant A introduced the local female V to U as a disguised marriage.

On March 3, 2008, the Defendant, along with T and U, prepared a marriage report as if the above U had been married with the above V, and submitted the marriage relation documents issued by the above V to the public official in charge of the above family register as well as the mailinged marriage documents, and had the public official in charge of the above U record the above U as having been actually married with the above V. However, the above U had no intention to marry with the above V, and there was no actual marital record.

Ultimately, in collusion with the above U and R, the Defendant filed a false report to the public official and had the public official enter false facts in the family register, which is an electronic record, and exercised it by allowing the public official to preserve the above family register at around that time.

In addition, from March 3, 2008 to March 4, 2008, the Defendant arranged a false report of marriage on a total of two occasions, such as “discipation” as indicated in the annexed Table (4) by the above method from March 3, 2008 to March 4, 2008, entered false facts in the family register, which is a public electronic record, and exercised the same by allowing the Defendant to preserve the above family register at around that time.

4. Defendant C

Defendant C recruited Korean men who are disguised marriage, and W was willing to arrange disguised marriage by being entrusted with disguised marriage from four sale local women.

On January 2008, the defendant offered a disguised marriage to I in Incheon, Incheon, and the above I accepted it, and the defendant introduced him to the above W as a disguised marriage for four sale local women L.

On March 14, 2008, the defendant prepared a marriage report as if the above L had been married normally with the above L, and submitted it to the public official in charge of the above family register as well as the marriage relation documents sent by the above L L in four arms, and had the public official in charge of the above family register record the above L as having been actually married with the above L. However, the above I had no intention to marry with the above L. However, the above I did not have any actual marital relation.

Ultimately, in collusion with the above, the defendant filed a false report to the public official, and had the public official record recorded false facts in the family register, and exercised it by allowing the preservation of the above family register at around that time.

In addition, from March 12, 2008 to March 17, 2008, the Defendant arranged a false marriage report at a total of four times, such as the omission in the annexed crime list (5) by the foregoing method, and had the family register, which is a public electronic record, record the false facts recorded, and exercised it by allowing the preservation of the above family register at around that time.

Summary of Evidence

omitted.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 228(1), 229, and 30 of the Criminal Act; Determination of Imprisonment

2. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

3. Inclusion of days of pre-trial detention;

Article 57 of the Criminal Act

4. Suspension of execution (Defendant C);

Article 62(1) of the Criminal Act

Judges

Judges Kang Han-sung

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