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(영문) 인천지방법원 2016.9.23.선고 2015고정3535 판결
공전자기록등불실기재,불실기재공전자기록등행사
Cases

2015 high-level 3535 public electromagnetic records, etc., and any event such as false entry into public electromagnetic records, etc.

Defendant

A, Delivery Board

Residence

Reference domicile

Prosecutor

Kim Jong-sung (Lawsuits) and Jin Tae-hun (Trial)

Imposition of Judgment

September 23, 2016

Text

Defendant shall be punished by a fine of KRW 5,00,00.

Defendant who has converted 100,000 won into one day when the above fine has not been paid;

shall be confined in a workhouse.

The provisional payment of the amount equivalent to the above fine shall be ordered.

Reasons

Facts of crime

【Criminal Power】

On May 21, 2015, the Defendant was sentenced to imprisonment with prison labor for habitual larceny, etc. at the Seoul Northern District Court on May 21, 2015, and the said judgment became final and conclusive on July 17, 2015.

[Criminal Facts]

Ha○○○, ○○, Manton, and the Defendant, as a disguised marriage brost, recruited Vietnam women who want to enter the Republic of Korea along with a local disguised divorce brost in Vietnam, and conspired to acquire the price for false marriage with domestic men. Ha○○ was responsible for the recruitment of domestic men, the Defendant’s role of recruiting domestic men, and internal brost contact with Vietnam, and performing document work. Manton was responsible for the receipt of documents, translation, and reservation of airline tickets.

Accordingly, ○○○ and the Defendant introduced Vietnam women who wanting to make a disguised marriage to both ○○, ○○, and Macton, and then paid 3 million won to them in return for the introduction, and made them enter the Republic of Korea after completing necessary procedures for disguised marriage by leaving Vietnam.

1. A disguised marriage by ○○○;

Ha○○○, the Defendant, and ○○○○○ on November 24, 2010: around 00: Around 12:0, the Defendant, and ○○○○○, in the residents’ office in Seongbuk-gu Seoul, in fact, submitted to the public official in charge of family relationship registration who is aware of the fact that ○○ and ○○○○, in the absence of any intention to form a real marital relationship, they had the said public official store and operate a family relation registration data processing system, in which the facts of such fraud were recorded, and had the said public official store and operate the family relation registration data processing system, which was recorded as above, as if they were a normal marital relationship, without the intention of ○○ and ○○○○, Vietnamese, to the public official in charge of family relationship registration who is aware of the fact that ○○ and ○○○ was married.

As a result, Ha○○○, Defendant, ○○○, Man○○, and Manton, conspiredd with ○○○, Man○○○○, and Vietnam local slabs, and reported false information to public officials, and made them enter false information in the recorded electronic information processing system, such as family relations, which is a public electronic record, and caused false information to perform the aforesaid public electronic records.

2. A disguised marriage by ○○○.

Around 14:40 on February 24, 201, 201, ○○○○, Defendant, and both ○○○○○○○○, and ○○○○○○, respectively. The facts were: (a) at the public service center of the above ○○○○○○ Office; (b) at around 40, the marriage registration statement, which was recorded in the personal information, was submitted to a public official in charge of satisfaction registration, as if it was a normal marriage even though both ○○ and ○○, Vietnam, had the said public official enter and register the marriage report, which was recorded in the personal information, into the family relation registration information processing system, and had the said public official work official enter and operate the family relation registration information processing system, which entered the false facts as above, into the family relation registration system.

Therefore, in collusion with Ha○○○, Defendant, ○○, Man○, Man○, Manton, and Mannam local Brackers, etc., the public officials made a false report to the public officials to enter false facts in the computerized information processing system of family relation registration, which is a public electronic record, and exercised the aforesaid public electronic record recorded falsely; 3. A disguised marriage in Manton.

하○○ , 피고인과 이◎◎은 2011 . 2 . 25 . 15 : 00경 위 ○○구청 민원실에서 , 사실은 이 ◎◎과 베트남인 응◎◎◎◎◎이가 진정한 혼인관계를 형성할 의사가 전혀 없음에도 불구하고 마치 정상적인 혼인인 것처럼 그 인적사항이 기재된 혼인신고서를 그 정을 모르는 가족관계등록 담당공무원에게 제출하여 그로 하여금 가족관계등록 전산정보처 리조직에 이◎◎과 응◎◎◎◎◎이가 혼인한 것으로 입력하여 등록하게 하고 , 그 즉시 그곳에서 위 공무원으로 하여금 위와 같이 불실의 사실이 기재된 가족관계등록 전산정 보처리조직을 저장 , 구동하게 하였다 .

이로써 하○○ , 피고인 , 안○○ , 원◎◎은 이◎◎ , 응◎◎◎◎◎이 , 베트남 현지 브로 커 등과 순차로 공모하여 , 공무원에 대하여 허위신고를 하여 공전자기록인 가족관계등 록 전산정보처리조직에 불실의 사실을 기재하게 하고 , 불실기재된 위 공전자기록을 행 사하였다 .

Summary of Evidence

1. Defendant's legal statement;

1. Each written protocol of interrogation of the police as to Ha○○○, Ma○○, and Ma○○

1. Previous convictions as indicated in the judgment: Results of case search, case summary agreement auxiliary meetings, Seoul Northern Site Act, 2014 Godan1489, 2014No;

1374, Supreme Court Decision 2015Do1381 and one copy of the judgment

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 228(1) and 30 (the point of entry of false entry into public electronic records) of each Criminal Code, Article 229 of each Criminal Code, Article 229 of each Criminal Code

Articles 28(1), 30(a) and 228(2) and 30(a) of each fine

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Detention in a workhouse;

Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Order of provisional payment;

Article 334(1) of the Criminal Procedure Act

Judges

Judges Lee Jong-soo

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