Text
A defendant shall be punished by imprisonment for six 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 March 2009, the Defendant agreed to pay 8 million won to a female in return for a disguised marriage even though he did not intend to marry with C in fact with C around March 2009, and C conspired with the Defendant on the condition that he would receive 8 million won from a person who did not intend to marry in fact, on the condition that C shall report the marriage.
On May 18, 2009, the defendant and C made a false marriage report as if there was a normal intention of marriage even though they did not have the intention of marriage, and submitted to the public official in charge of the name-free marriage documents necessary for the marriage report and the pre-preparation of the marriage report and the documents necessary for the marriage report to be entered into and registered as the marriage of the defendant and C in the computerized records of family relation registration.
As a result, the defendant and C conspired to make a false report on the public official's family relations register to record false facts in the electronic records, and around that time, they exercised the same by having the above entered contents registered.
Summary of Evidence
1. Partial statement of the defendant;
1. C’s legal statement;
1. Partial statement of witness D;
1. Part concerning C’s statement concerning the suspect interrogation protocol against the defendant
1. Application of Acts and subordinate statutes, such as a copy of marriage report;
1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Articles 228 (1), 30, 229, 228 (1), and 30 of the Criminal Act concerning the selection of punishment, and Articles 228 (1), 228 (1), and 30 of the Criminal Act concerning the selection of punishment, and 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. The defendant's assertion and judgment on Article 62 (1) of the Criminal Code of the suspended execution
1. The Defendant alleged that he/she was married with C by filing a report of marriage with C, and the Defendant’s report of marriage is consistent with the actual relationship.
2. The intention of the judgment marriage means the intention of the judgment.