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(영문) 서울남부지방법원 2014.03.31 2014고정435
공전자기록등불실기재등
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 30, 1998, the defendant got married in disguised marriage with B introduced from a disguised marriage hub, reported the marriage, and followed the birth report of a newborn baby born between the illegal aliens in Vietnam from C, as if he had given birth between the defendant and B, was falsely reported as if he had given birth between the defendant and B, and then, the defendant tried to report the birth of a newborn baby with the statement that he would give 1.2 million won per the newborn baby in return for the birth report.

On July 26, 2011, the Defendant: (a) prepared a birth report with respect to E, who was born as if the Defendant and B had not given birth to a child between the Defendant and the spouse B on the family relations register; and (b) received a birth certificate in the name of G Hospital, which was falsely recorded as if the Defendant and B given birth to F from C, and submitted the said birth report to the said Ddong Office.

Accordingly, the public official in charge of the name undissatisfy has entered the content that the defendant and the F, a child of the defendant and B, were born in the family relations register, which is a public electronic record, and stored and kept it.

Accordingly, the defendant, in collusion with C, made a false report to the public official, made a false report to enter false facts in the family relation register which is the same electronic record as the original of the authentic deed, and exercised it by having the family relation register in which false facts are recorded.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the family relation certificate, basic certificate (F), and birth report (F);

1. Articles 228 (1), 229, and 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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