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(영문) 서울중앙지방법원 2013.08.26 2013고정3328
공전자기록등불실기재등
Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. In the case of defendants and B, the defendant, who entered the public electronic records, etc., and a foreigner, would be able to enter the Republic of Korea if a report of marriage is made in the citizen's family register of the Republic of Korea, using the fact that it is possible to enter the Republic of Korea. Accordingly, C, with a view to receiving money for disguised marriage, D conspired to make a false report of marriage as if they were true for the purpose of entering Korea.

On August 4, 2010, Defendant, C, and B submitted to the public service center of the Dongjak-gu Seoul Metropolitan Government Nowon-gu Office, Seoul, 2010, a marriage declaration and related documents prepared as if Vietnam-Nam is married to C and me is true, and had the public official who is unaware of such fact enter C and D into the family information processing system of public electronic records and enter them into and register as a true marriage with C and D in the public electronic records.

2. The Defendant, C, and B conspired with D to use the aforementioned time, place, and around that time, a public official in charge of the above Gu’s family registry to store and operate the above public electronic record processing system, which recorded false facts.

Summary of Evidence

1. Each police interrogation protocol of the accused, D, C, or B;

1. Request for cooperation in investigation, relevant documents, such as marriage report, and documents related to reporting on marriage;

1. Records of alien registration and records of entry into and departure from Korea;

1. Application of Acts and subordinate statutes to family relation certificates, marriage relation certificates and resident registration copies;

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)1 of the Criminal Act for the detention of a workhouse;

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