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(영문) 대구지방법원 포항지원 2019.11.20 2019고정202

결혼중개업의관리에관한법률위반

Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

Defendant

A and Defendant B operate an international marriage intermediary in the north-gu, Gyeongbuk-gu, Gyeongbuk-gu, both husband and wife and the defendant B.

An international marriage broker shall obtain a certification of personal information on international marriage from a user and the other party, a family relation certificate proving marriage history, a marriage relation certificate, a health certificate proving health conditions, including mental illness, and other documents verifying occupation or income, such as a certificate of employment, and a written reply to criminal records, and provide the user and the other party with such certification in writing.

On December 6, 2018, the Defendants conspired to enter into an international marriage brokerage agreement with D and Vietnam women at the office of the marriage information company operated by the Defendants in the North Korean port in the North Korean port on or around December 6, 2018. However, on or around December 18, 2018, the Defendants did not provide D with the aforementioned new documents, including whether there is a mental illness of E, E, a Vietnam national, and eight Vietnam women in name in Vietnam.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to F and D;

1. Written statements of D;

1. A complaint;

1. Application of Acts and subordinate statutes of the international marriage brokerage certificate, investigation report (Submission of additional data by a complainant), certificate of issuance of electronic air tickets, membership contract, schedule of international marriage events, recording records, and international marriage brokerage registration certificate;

1. Article 26 (2) 4 and Article 10-2 (1) of the Marriage Brokers Business Management Act, Article 30 of the Criminal Act, and the choice of fines for negligence;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act, each of the defendants, who had been punished for the same crime, was sentenced to a fine for the same crime (the defendant A shall be sentenced to a suspended sentence, the defendant B shall be sentenced to a fine twice), and the defendant A shall be sentenced to a fine for the same crime.