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(영문) 인천지방법원 부천지원 2015.12.29 2015고정1071
공전자기록등불실기재등
Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 23, 2013, the Defendant reported the birth of a child born by the Vietnamed couple to "D (E)" at the C community service center located in the Si-Sa Si of Si-Sa, Si-Sa, on January 23, 2013, the Defendant entered the birth report “A” and “F” in the column of the father of the birth report, and submitted the birth report, birth certificate, etc. containing false facts to the public official in charge of the C community service center’s family registration, and had the said public official, who is aware of such fact, enter false facts into the “D” system of the Defendant’s child registration, which is a public electronic record, by having the public official enter the “D” into the public official’s child registration system, and thereafter exercised it at that time by having the said public official operate the said family registration system which was recorded of fraudulent facts.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the birth report, birth certificate, basic certificate, marriage relation certificate, resident registration card, passport issuance certificate, registered foreigners card, immigration status of each individual;

1. Article 228 (1) and Article 30 of the Criminal Act, Articles 229, 228 (1), and 30 of the Criminal Act, Articles 229, 228 (1), and 30 of the Criminal Act, the selection of fines for the crime;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The sentencing conditions, including the Defendant’s age, character and conduct, environment, motive, means and consequence, etc., as set forth in Article 334(1) of the Criminal Procedure Act, are comprehensively taken into account, such as the fact that the Defendant’s confessions the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and that the Defendant’s disability is difficult to move.

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