결혼중개업의관리에관한법률위반
The judgment of the court below is reversed.
The sentence against the accused shall be five million won or more.
The above fine shall be imposed on the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
In the first instance trial, the prosecutor applied for permission to amend the bill of indictment by adding a part of the facts charged against the defendant as stated below, and since this court permitted it, the judgment of the court below can no longer be maintained.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the judgment of the court below as to the defendant's unfair argument of sentencing, and it is again decided as follows. Since the facts charged added in the trial of the court below have a ground for reversal ex officio and the facts charged together with the facts charged by the court below should be sentenced to a single punishment.
[Judgment of the court below] The defendant is a person who runs international marriage brokerage business in the name of "C" in Gwangju Northern-gu B.
Any person who intends to run an international marriage brokerage business shall register with the competent authority.
Nevertheless, the Defendant, without registering with the competent authority on February 18, 2014, through the above "C" office around February 18, 2014, through the brokerage of marriage D and Vietnam's nationality E, and received KRW 7 million from D as a brokerage fee. On January 2015, the Defendant received KRW 8 million from H, while acting as a broker for marriage H and Vietnam's nationality I.
Accordingly, the defendant carried out international marriage brokerage business without being registered with the competent authorities.
Summary of Evidence
1. The defendant's oral statement in court;
1. Violation of the Act on the Marriage Brokerage Business (A, the brokerage without registration, or the introduction of minors) reporting on the detection of such violation (six pages of evidence in 2015 high class 1419 high class);
1. Application of statutes on police statements made to H to H;
1. Article 26(1)2 and Article 4(1) of the Act on the Management of Marriage Brokerage Business through which the relevant provision of the law and the applicable provision regarding criminal facts are chosen (the choice of penalty).