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(영문) 서울중앙지방법원 2011.05.03 2010고정6780
공전자기록등불실기재 등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is a national of the People's Republic of China who has been working at the construction site after entering the country as a visiting employee on May 2007, and the defendant C is a Korean national working as a restaurant employee, etc.

Defendant

On November 2009, A requested that Defendant C be able to obtain the nationality of the Republic of Korea, and Defendant C accepted the marriage report on condition that Defendant C is paid three million won by Defendant A.

On January 15, 2010, the Defendants: (a) around 300 Silung-dong 300 Silung-dong, Silung-si; (b) notwithstanding the absence of the actual intent to marry between the Defendants; (c) stated A and his/her personal information in the form of marriage report “Namn” column; and (d) submitted a false report to the public official in charge of viewing and viewing that he/she did not know the fact; and (c) had the said public official enter and keep the false details of the marriage report in the family registry information processing system.

As a result, the Defendants conspired with the public official to make a false report to enter false facts in the family register information processing system, which is a public electronic record, and exercised an item for computerized processing of family register information, which is a public electronic record recorded falsely.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the prosecution against the defendant or C;

1. Application of Acts and subordinate statutes on marriage relation certificates

1. Article 228 (1), Article 229, or Article 30 of the Criminal Act concerning the facts constituting an offense;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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