Police Investigation Attorney | Non-Referral Decision for a Client Charged with False Entry in Public Electronic Records

The client and the complainant had been in a relationship, and they agreed to first file the marriage registration before holding the wedding, and proceeded with the marriage registration.

However, one day the client was suddenly subjected to a complaint by the complainant.

The complainant filed a complaint on charges of false entry in public electronic records and uttering of falsely entered public electronic records, alleging that “the client, without a genuine intention to marry, falsely prepared a marriage registration form and submitted it to the competent administrative agency, and as a result, false facts were entered into the computer system.”

The gist of the complainant's assertion was as follows.

The client was facing a police investigation for the crime of false entry in public electronic records and the crime of uttering falsely entered public electronic records.

Before addressing the response to the police investigation, we will closely examine the charges in which the client was involved.

Crime of false entry in public electronic records

This crime is established when a person, for the purpose of uttering it, causes an electronic record or other special record handled by a public official to be entered with false content.

That is, if a person induces the entry of false facts into a "public record," or a false entry results from such conduct, that person becomes subject to punishment.

Examples of false entry in public electronic records include ▲submitting a false corporate establishment registration application to the responsible public official, and ▲storing and operating a public electronic record identical to a commercial register in which false facts have been recorded.

If this charge is established, a person may be punished by imprisonment for up to 5 years or a fine of up to 10 million won.

Crime of uttering falsely entered public electronic records

When a person utters a public electronic record thus falsely entered, the crime of uttering falsely entered public electronic records is established.

For example, if a person, on the basis of a digital record of a falsely completed marriage report, exercises public effect such as registering a dependent for health insurance or submitting immigration documents, this crime is established.

For both crimes, the actual existence of the falsehood and the "intent" with respect to it are important, and in particular, the suspect's intention and the objective result of the conduct are the key issues.

Likewise, if this charge is established, a person may be punished by imprisonment for up to 5 years or a fine of up to 10 million won.

The police-investigation attorney attended the police investigation, closely grasped the flow of the investigation, raised legal counterarguments to unfavorable questions, and guided the client toward careful answers so as not to give rise to unnecessary misunderstanding.

The attorney handling the police investigation argued that the complainant’s complaint was untrue and was a retaliatory complaint arising from the breakdown of the marital relationship.

The client and the complainant had filed their marriage registration with a promise of a happy married life, and began an actual married life.

However, the relationship between the two deteriorated due to differences in their outlooks on life, values, and the like.

As a result, the complainant expressed her dissatisfaction with the deterioration of the relationship in the form of a criminal complaint.

The attorney handling the police investigation emphasized that it is legally unreasonable to take issue with the falsity of the marriage itself merely because the married life fell short of expectations, and that this is not an area that can be contested through criminal punishment.

In criminal complaint cases involving public electronic records and the like, the early response determines the direction of the investigation.

Therefore, it is important to retain a police investigation attorney from the early stage of the police investigation to avoid unfavorable statements, organize a defense theory, and establish a strategy that legally blocks the requirements for establishing the charge.

Through a pre-investigation simulation, Law Firm Daeryun prepares for the police investigation (see the video below) and works to protect the client's rights through a one-stop response system that includes analysis and statement design.