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(영문) 서울중앙지방법원 2013.09.12 2013고정3014
공전자기록등불실기재등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

D, as a disguised marriage broker, proposed to offer 4 million won for a disguised marriage with a Chinese woman, and agreed to accept it by E and to make a disguised marriage between E and the defendant in China.

D and E submitted, pursuant to the above agreement, a false marriage report in Jongno-gu Seoul Metropolitan Government Office on January 13, 2006, stating as if E and the defendant were married with genuine will, and had the public official in charge who believed it enter the false marriage report into the family register computer system, which is a public electronic record, by allowing E and the defendant to enter the same into the marriage and allow other people to peruse the entered contents.

Accordingly, the defendant, in collusion with D and E, made a false report to the public official to record false facts in the official electronic record and exercised the official electronic record which recorded false facts.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution (including the D substitute part);

1. Each police suspect interrogation protocol of D or E;

1. Application of Acts and subordinate statutes to copies of marriage declarations;

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

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