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(영문) 대구지방법원 2015.01.21 2014고정2829
공전자기록등불실기재등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 12, 2010, the Defendant prepared a marriage report as if he/she had no intention to marry with Vietnam women B, and submitted it to a public official under his/her name, such as a written certification of the requirements for marriage in Vietnam, which was prepared in advance, even though he/she had no intention to marry with Vietnam women B.

Accordingly, the above public official who is aware of the fact was allowed to enter the fact into the computerized information processing system for family relation registration which was married with the defendant B and register.

As a result, the defendant had recorded false facts in the family relation registration electronic data processing system, which is a public electronic record, and exercised a public electronic record stating false facts by storing and operating it.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of examination of suspect C;

1. Request for cooperation in investigation (request for family relation certificate), marriage relation certificate, family relation certificate, resident registration copy, and status of individual immigration;

1. Request for cooperation in investigation ( inquiry into details of entry and departure), foreigner registration cards (B), and the status of entry and departure of individuals;

1. Request for cooperation in investigation, copy of marriage report, certificate of marital condition, written confirmation, birth certificate, and application of Acts and subordinate statutes to resident registration certificates;

1. Relevant Article 228 (1) of the Criminal Act and Articles 229 and 228 (1) of the Criminal Act (the point where any false entry is made in the official electronic records) that apply to facts constituting an offense, the choice of punishment, and the choice of punishment;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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