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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is recognized in full view of the following: (a) the Defendant, without the substance of a matrimonial relationship, has married with C in disguised marriage; and (b) the Defendant, while applying for extension of the period of stay, submitted to the Immigration Office a family relation certificate registered as the Defendant’s child; and (c)
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged in this case on the ground that the Defendant conspired with C was not proven.
2. Determination
A. The summary of the facts charged in the instant case is that the Defendant entered the Republic of Korea on a short-term visit on February 11, 2003 with the nationality of Pakistan, entered the Republic of Korea on a short-term basis, and works as an employee in E Co., Ltd. (hereinafter “E”) operated by the father D of C in the wife population B at the time of illegal stay, which is permissible in the state of illegal stay, and was found to have been forced to depart from the Republic of Korea on May 14, 2010.
On May 22, 2010, the Defendant and C conspired to make a disguised marriage to obtain a new entry into the Republic of Korea, and reported the marriage to the court of Pakistan on May 22, 2010, and C reported the marriage to the Defendant in Yongsan-gu Seoul District Office on May 31, 2010.
On July 23, 2013, the Defendant and C gave birth to F in a de facto marital relationship with F and C, and conspired to report the birth falsely as if they were married between the Defendant and C.
C The facts in the public service center of the IMyeon Office located in the wife population H on August 16, 2013 are as follows: (a) the public service center of the IMyeon Office prepared a false report of birth by pretending that the father born between C and the defendant is a father born between C and the defendant; (b) the public official in charge of the above IMyeon Office may submit the report of birth to the public official in charge of the public official in charge of the public official in charge of the above IMyeon Office's name in the family relation registration information system, which is a public electronic record, and (c) around that time,