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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the statements made by B (misunderstanding of the facts) and the evidence submitted by B (misunderstanding of the facts), the certificate of provisional withdrawal report, the certificate of foreign registration record, the Messenger communications, and the statements by reference witness D, the Defendant was aware that the Defendant reported the marriage with B for the purpose of punishing money by entering Korea without the intention of marriage with B from the beginning. However, the lower court acquitted the Defendant of the facts.
2. Determination
A. On February 28, 2011, the Defendant, with the knowledge of the fact that he/she would be able to obtain money from a person who was employed after the extension of the period of stay when he/she got married with a Korean national, was aware of the fact that he/she could obtain money from the person who was married with the Korean national. On February 28, 2011, the Defendant: (a) made a marriage report in the public service center of the public office of the public office of the public office of the public office of the public office of the public office of Yeongdeungpo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul; (b) filed a false report on marriage with the public official who was unaware of the fact that he/she was a party to the marriage with the Korean nationality; and (c) filed a false report on marriage with the public official in charge of the family relation register of electronic records,
B. Around the above date, at the above place, reported the above false facts, and had a public official in charge of family register enter false facts in the information system for family relations registration, which is an electronic record, into the information system for family relations, and exercised it by allowing the public official in charge of family register to store the false facts in the information system for family relations registration, which is a flu
B. The lower court found the Defendant not guilty of the instant facts charged on the ground that the evidence submitted by the prosecutor alone was insufficient to acknowledge that the Defendant reported the marriage with B without the intention to marry, and that there is no other evidence to acknowledge it.
(c)
1) The facts charged in a criminal trial must be proved by the prosecutor.