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(영문) 수원지방법원 2017.02.09 2016고정3129
공전자기록등불실기재등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. In June 2009, the Defendant: (a) entered the Republic of Korea on condition of being provided travel expenses, such as Vietnam tourism, from B (C) with a hub for disguised marriage arrangement around June 2009; and (b) conspired to enter the Republic of Korea to make a disguised marriage with Vietnam Women D (D and E) for employment; and (c) to invite the Republic of Korea.

On March 5, 2010, the Defendant reported marriage with the above D at the Jeju Special Self-Governing Province Jeju Special Self-Governing Province Seopo-Governing Province civil petition office on March 5, 2010, the Defendant, despite having no genuine intention of marriage, submitted false documents to the husband column A and wife column D to the public official in charge of being aware of the fact, thereby immediately had the public official in charge of family relation registration enter false facts into the public electronic records in the family relation registration information system.

2. The Defendant submitted to the public official in charge of registration of family relations a false report on marriage at the time and place specified in paragraph 1, at the same time and place, and exercised the report by allowing the public official in charge of registration of family relations to store and operate the electronic records in the information system for registration of family relations, which is an electronic record.

3. No person who violates the Immigration Control Act shall invite an alien by fraudulent means, such as making a false entry of the alien or providing a false reference, or arrange such invitation, in order to allow the alien to enter the Republic of Korea;

Nevertheless, on April 22, 2010, the Defendant filed a false report on marriage with Vietnam women D in the same manner as described in paragraph 1, and invited the above D, which is a purpose of employment, to enter the Embassy consular division of the Republic of Korea Embassy Vietnam, for the purpose of marriage living.

Summary of Evidence

1. Statement by the defendant in court;

1. A's statement of entry into or departure from Korea;

1. A list of foreign registration records of Vietnamese D;

1. A copy of the marriage-related certificate;

1. Application of Acts and subordinate statutes governing reporting marriage;

1. Article 228(1), Article 30 of the Criminal Act (the re-issuance of electronic records, such as public records, etc., selection of fines), Article 229 of the Criminal Act on criminal facts, the applicable legal provision, the choice of punishment, etc.

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