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(영문) 창원지방법원 통영지원 2013.12.24 2013고단844
공전자기록등불실기재등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

C is a ship of Chinese nationality, and entry into Korea on July 4, 2005 as the visiting and living visa (F1) has expired, and illegal stay was ordered to depart on June 6, 2009 after the expiration of the period of sojourn (F1).

C has become difficult to re-entry the Republic of Korea, and the defendant was recruited to re-entry into the country as a marriage visa (F6) through a disguised marriage with the defendant who is the head of the restaurant he worked.

At around 10:00 on October 19, 201, the Defendant: (a) submitted to a public official in charge of the above community service center a marriage report and related documents prepared as if he/she married with C/C in the name of the public official in charge of the community service center; and (b) had the said public official aware of the circumstance enter and register as a true marriage in the public electronic records processing system of the public electronic records; (c) had the Defendant enter and register as a true marriage in the public electronic records; and (d) thereafter, exercised the aforementioned public electronic records by storing and operating the said public electronic records processing system, which is a public electronic records.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the marriage relation certificate and copy thereof;

1. Relevant provisions of the Criminal Act concerning criminal facts, Articles 228 (1), 30 (a) of the Criminal Act that prescribes the option of punishment, Articles 229, 228 (1), and 30 (a) of the Criminal Act, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (see, e.g., the confession and reflective nature of the defendant, and the primary charge);

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