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(영문) 서울남부지방법원 2014.10.28 2014고정2784
공전자기록등불실기재등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

B On September 29, 201, the Seoul Central District Court sentenced imprisonment with prison labor for not less than two years and a fine of three million won in February of one year and two years, and the judgment was finalized on October 7 of the same year.

On January 5, 2009, the Defendants conspired with C, a person mediating a disguised marriage between Vietnam and Korean men, and the facts at the office of Gangseo-gu Office located in the Gangseo-gu Seoul Metropolitan Government Gangseo-gu Office, Gangseo-gu, Seoul, without Defendant A’s intent to marry with D of Vietnam’s nationality, Defendant A prepared a marriage declaration as if they were to marry with D and genuinely, and Defendant B and C signed and sealed each of the witnesses column.

The above C continued to submit the above marriage report to the public official in charge who is aware of the circumstances, and let the public official who is believed to be genuine, record the marriage between Defendant A and the above D in the Supreme Court Family Relation Register Management System, and the record was operated in the above system.

As a result, the Defendants conspired with C to make a false report to the public official, and had him record the aforementioned false facts in the family relations register management system, which is a public electronic record, and exercised it by having the record be operated with the above system.

Summary of Evidence

1. Defendant A’s legal statement

1. A suspect interrogation protocol of the prosecution;

1. Marriage relation certificate and copy of marriage report;

1. Previous records: Application of criminal records and investigation reports (previous records and attachment of judgment) and statutes;

1. Relevant provisions of the Criminal Act and Articles 228 (1) and 30 of the Criminal Act (a point of entry into false records, such as public electronic records), Articles 229, 228 (1), and 30 of the Criminal Act concerning criminal facts, the selection of fines, and the selection of fines;

1. Defendant B who handles concurrent crimes: The latter part of Article 37 and Article 39(1) of the Criminal Act;

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

1. Article 70(1) of the Criminal Act for the confinement of a workhouse.

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