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(영문) 대전지방법원 논산지원 2014.08.29 2014고단165 (1)
공전자기록등불실기재등
Text

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

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

Reasons

Punishment of the crime

B As the so-called “competing marriage broker broker”, in collusion with the Defendant who works in the construction site as a day-to-day employee and to enter the establishment of the Republic of Korea for the purpose of domestic employment, and at the Gangseo-to-Eup Office located in Gangseo-gu, Chungcheongnam, in the city of Gangseo-gu, Chungcheongnam, without the real intention of marriage, sent to the Defendant through B a written confirmation of marriage requirements, which is a document necessary for the report of marriage, a written confirmation of birth, a written confirmation of marriage status, etc., and the Defendant submitted a false marriage report to the public official in charge of the family register having no knowledge of the fact as well as the above documents by having the said public official enter the family relation registration system as if the Defendant and C were actually married, thereby making a false report to the public official to record the false fact in the electronic family relation registration system of the Supreme Court, which is a public electronic record, and at around that time, using the family relation registration system that recorded the above fraudulent facts.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police suspect interrogation protocol concerning B;

1. Application of the respective Acts and subordinate statutes stated in the marriage relation certificate, passport, registered foreigner card, report on internal investigation (including pages 46, accompanying documents) and the current status of entry and departure of each individual;

1. Article 228 (1) and Article 30 of the Criminal Act, Articles 229, 228 (1), and 30 of the Criminal Act, the choice of fines concerning facts constituting an offense, and the choice of fines;

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 Criminal Act for the detention of a workhouse;

1. All the circumstances revealed in the arguments, including the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the crime, and the fact that there is no particular criminal record other than once before the previous fine is imposed.

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