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(영문) 광주지방법원 2015.07.23 2014고단2865
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant had been willing to enter the Republic of Korea by making a disguised marriage with male of the Republic of Korea with a foreign woman of Vietnam, and the defendant had conspiredd with the Korean spouse B, a disguised marriage broker, and C, a disguised marriage spouse on April 2008 and reported a false marriage.

1. On April 18, 2008, the Defendant entered false matters, such as public electronic records, into a marriage report, accompanied by the Defendant’s birth certificate, a written confirmation of marriage status, etc., and submitted a false marriage report to a public official in charge of family relation registration in the above Gu office, who knows that the Defendant had no intention to marry with C, and made a false entry into a family relation register as if the Defendant had a genuine marriage with C.

Accordingly, in collusion with B and C, the defendant made a false report to the public official, and made a false report to the public official's family relations register.

2. The Defendant, in collusion with B and C, had the Defendant keep a family relation register, which is a public electronic record recording recording false facts, at the time and place specified in paragraph (1).

Summary of Evidence

1. Entry of each prosecutor's suspect interrogation protocol (Duplicate) as to C and B;

1. Statement of the police suspect interrogation protocol against the accused;

1. Investigation report (related to attachment, such as the C's entry into and departure from Korea and marriage report);

1. Copy of an alien registration certificate or a passport;

1. Application of Acts and subordinate statutes to a marriage report, a marriage requisite certificate, a birth report, a confirmation of marital status, an identification certificate, a family relation certificate, and a marriage relation certificate;

1. Article applicable to criminal facts;

(a) The point of false entry into public electromagnetic records: Articles 228 (1) and 30 of the Criminal Act;

B. Points of events of false official electronic records: Articles 229 and 229 of the Criminal Act.

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