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(영문) 수원지방법원 성남지원 2014.12.16 2014고단705
공전자기록등불실기재등
Text

1. Defendant A shall be punished by a fine of three million won, and Defendant B shall be punished by imprisonment for four months;

2.However, from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is North Korean defectors, and Defendant B is China's shipbuilding unit.

Defendant

A was asked by Defendant B, who was aware of his stay in China due to North Korea, to help Defendant B acquire the nationality of the Republic of Korea from Defendant B.

Accordingly, the Defendants prepared documents necessary for the declaration of marriage through a travel agency, and falsely reported the marriage, and Defendant B acquired the nationality of the Republic of Korea, and Defendant A collected the amount of living expenses of KRW 400,000 from Defendant B in one month.

On October 27, 2008, the Defendants: (a) around October 27, 2008, the fact at the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of the branch of Seongbuk-si prepared a marriage report as if they were married normally even though they did not intend to marry; and (b) had a public official in charge of family relationship register submit a false report to the public official in charge of family relationship register, which is a public electronic record, electronically recorded as if the Defendants were married actually; and (c) had the public official enter false facts in the public electronic record, and (d) exercised it by having the public official keep the public electronic records containing false facts.

Summary of Evidence

1. Statement of examination of the witness to the F;

2. Marriage relation certificate, family relation certificate, copy of marriage report, etc.

3. Application of the Acts and subordinate statutes to the inquiry inquiry table.

1. The Defendants of relevant legal provisions concerning criminal facts: Articles 228(1) and 30 of the Criminal Act, Articles 229, 228(1), and 30 of the Criminal Act (the respective fines to Defendant A and the choice of each imprisonment to Defendant B)

2. Defendants among concurrent crimes: former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

3. Defendant A to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act.

4. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act.

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