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(영문) 서울중앙지방법원 2013.07.19 2012고정5553
공전자기록등불실기재등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

C Around February 201, 201, after entering the family register by entering the defendant as a spouse in a disguised marriage with Vietnam women (E) in a cafeteria located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and giving five million won to Vietnam women on the face of the week after entering the Republic of Korea, and the defendant accepted this.

On April 29, 2011, the Defendant, as C’s main agent, left Vietnam, and decided to enter Vietnam women E with a disguised marriage. However, the Defendant, who did not have a woman E, was able to enter the Republic of Korea with a disguised marriage without a genuine intention of marriage with the F, who did not have a woman E.

1. On June 10, 201, the Defendant in collusion with C and F, and the Dongdaemun-gu Seoul Metropolitan Government public service center of the Dongdaemun-gu Seoul Metropolitan Government Office submitted a marriage report, F identification card, and other related documents that contain the fact of marriage with F and submitted to the public service center, and the Defendant had the public official in charge of family relationship register enter the false matters in the Defendant’s family relationship register column “the date of report, June 10, 201; the spouse F; the date of birth of the spouse; the date of birth of the spouse; the spouse’s nationality Vietnam; the sender”; and the head of Dongdaemun-gu Seoul Metropolitan Government Office.”

2. In collusion with C and F, the Defendant had the public official in charge of the management of family relationship store and exercise the electronic records recorded falsely in the above time, place, etc. in collusion with C and F, by allowing the public official in charge of the management of family relationship to store them in the family relation registration system.

Summary of Evidence

1. C’s legal statement;

1. A copy of the police investigation protocol concerning F; and

1. Application of the Acts and subordinate statutes of the Family Relationship Certification Institute;

1. Article 228 (1), Article 30 of the Criminal Act ( point of entry of false information in public records), Articles 229, 228 (1), and 30 of the Criminal Act concerning criminal facts: Selection of each fine;

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 of the Criminal Act for the confinement of a workhouse.

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