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(영문) 서울행정법원 2014.10.16 2014구합10820
출국명령처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff as a foreigner of the nationality of the People's Republic of China (hereinafter "China") completed a marriage report with B who is a national of the Republic of Korea on March 22, 2004, and pursuant to the Enforcement Decree of the Immigration Control Act amended by Presidential Decree No. 23274 on August 26, 2004, the Plaintiff constitutes a marriage immigration (F-6-A) on November 1, 201 under [Attachment Table 1] 28-4.

On January 31, 2012, when entering and staying in the Republic of Korea, the status of stay for marriage immigration (F-6) has been changed and has been staying until now.

B and the Plaintiff did not have a marital relationship.

Nevertheless, the plaintiff, through D, paid 10 million won to C, who is an international marriage broker, and paid 4 million won to B, and decided to enter the plaintiff into a disguised marriage with the plaintiff. On March 22, 2004, B prepared a false marriage report entered in "B" in "B" and "A (Plaintiff)" in "B" in the Jongno-gu Office for Family Affairs, and submitted it to the public official in charge of family register who knows that it is a false marriage report and had the above public official enter the same as that of B and the plaintiff in the family register information system. At that time, B stored and operated the same contents entered in the above family register system.

As a result, the plaintiff, in collusion with C, entered false facts in the family register information system, which is a public electronic record, and exercised this.

B. On March 17, 2008, the Plaintiff and B received a summary order of KRW 3 million for each of the crimes of false entry into public electronic records, etc. and the exercise of false entry into public electronic records, etc. (or KRW 2008 high-level 2361), and the above summary order was finalized on April 2, 2008.

(hereinafter the Plaintiff’s crime is “the instant crime,” and the Plaintiff’s criminal records from the instant crime are “the instant criminal records.”

The plaintiff applied for naturalization to the defendant on November 11, 2008, but the defendant applied for naturalization to the plaintiff on January 3, 201.

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