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(영문) 대전지방법원 2014.07.17 2014고정218
공전자기록등불실기재등
Text

The defendant shall be innocent.

Reasons

1. The Defendant in the facts charged is a person who serves as a salesperson at a duty-free shop in Seoul Central and Medium-gu Seoul Metropolitan Government as a member of the People's Republic of China's Republic of China

Notwithstanding that the Defendant was not married with C with the knowledge of the extension of the period of stay and the acquisition of nationality by obtaining an alien registration certificate upon marriage with Korea, the Defendant does not have a marital relationship;

A. On April 5, 2013, the Seongdong-gu Seoul Metropolitan Government Office entered false facts in the family relations register, which is a public electronic record, by filing a report with a public official in charge of the family register under the name in whose name the applicant of the nationality of the Republic of Korea and the defendant of the People's Republic of China as the party to the marriage, as if the person had been married normally due to the genuine intention of marriage, and by having the public official in charge of the family register who was unaware of the fact thereof enter false facts of marriage in the family relations register information system;

B. The above false facts are reported at the same time and place as mentioned in the preceding paragraph, and the public official in charge of the family relation register may have the public official in charge store false facts in the family relation register information system, which is a public electronic record, and use them.

2. In full view of the following circumstances acknowledged by the record, it is reasonable to deem that the Defendant was married with C with a genuine matrimonial intent, and there is no evidence to prove otherwise that the Defendant reported the marriage with C without a genuine matrimonial intent.

① Examining the circumstances in which the Defendant and C came to associate with each other, C first started school system from March 2012 by entering into a so-called “a person who has returned to the Defendant,” and this seems to have a big difference between general disguised marriage and marriage broker and marriage broker.

② On January 25, 2013, the Defendant and C first filed a marriage report in China and filed a marriage report in Korea on April 5, 2013, and the Defendant filed a marriage report.

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