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(영문) 서울중앙지방법원 2016.06.29 2016고정1199

결혼중개업의관리에관한법률위반

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is a representative who operates an international marriage intermediary in the “C” located in the third floor of the building in Seongbuk-gu, Seongbuk-gu, Sungnam-gu.

A user who has entered into a contract for marriage brokerage and the other party of marriage brokerage shall prepare personal information, such as marriage experience, health status, occupation, and criminal experience, in a language that can be understood by the user and the other party, and obtain authentication from a notary public (where a notary public has obtained authentication from a notary public in a foreign country, it is necessary to confirm from the consular official) and arrange for a meeting where both the user and the other party agree in writing to South Korea.

Nevertheless, the Defendant, on January 8, 2015, did not enter into an international marriage brokerage agreement on the condition that he/she will enter Korea by proceeding with Vietnam women in line with D (V, 45 years of age) and 13 million won, and then his/her new father will enter Korea. From January 17, 2015 to January 18, 2015, the Defendant did not provide in writing the documents of notarial personal information, which was translated, with Vietnam Women E (V, 23 years of age) and Mannam, within the hotel accommodation room located in Vietnam, from January 17, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of the international marriage brokerage contract submitted D;

1. Application of Acts and subordinate statutes governing the authentic copy of documents of personal information to D submitted E;

1. Article 26 (2) 4 and Article 10-2 (1) of the Act on the Management of Marriage Brokerage Business through which the relevant provision of the Act applicable to the crime, and Article 26 (2) 4 and Article 10-2 of the Act on the Management of Marriage Brokerage

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;