All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Defendant B and C did not make a false report of marriage because they had the intent to marry between the Defendants at the time of reporting the marriage.

Therefore, the judgment of the court below which pronounced guilty against the Defendants is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. Defendant D also called Defendant D’s Switzerland’s nationality PV.

At the time of the report of marriage, the defendant and P did not make a false report of marriage because there was a intention of marriage between the defendant and P.

Therefore, the judgment of the court below that found the defendant guilty is erroneous and adversely affected by the conclusion of the judgment.

2. Determination

A. Article 815 subparag. 1 of the Civil Act of the relevant legal doctrine provides that the marriage shall be invalidated when there is no agreement between the parties on the marriage, and the grounds for invalidation of the marriage refers to cases where the parties do not have the intent to engage in physical and mental combinations recognized as a couple in light of social norms.

Therefore, even if there was a report of marriage between the parties, it is merely a tool to achieve the other purpose, and the marriage is null and void if there is no intention to establish a marital relationship among them (Supreme Court Decision 2014Do11533 Decided December 10, 2015). The agreement of marriage refers to the agreement between the parties to the marriage.

This refers to an intention to create a mental and physical combination that can be recognized as a couple under the social concept, and the above intention of marriage should exist at the time of the report of marriage, and it is sufficient to exist at the time of the report of marriage.

In order to make and submit a false marriage report without the intention of such genuine marriage, it is unfair to make a mistake in the public electronic records register, which is computerized information data on individual family relations, entered and processed pursuant to Article 9 of the Act on the Registration, etc. of Family Relationship.