결혼중개업의관리에관한법률위반
All appeals by the Defendants and the Prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The concept of “personal information” under Article 26(2)4 of the Act on the Management of Marriage Brokerage Business cannot be deemed to include the confirmation of consular official.
The Defendants provided personal information of the other party before arranging the first Mannam, and the case does not constitute the case where the Defendants provided personal information of Vietnam women confirmed by consular officials to Korean men when married legally after the Mannam Women are married legally.
In addition, “where a person fails to provide personal information,” which is subject to criminal punishment under the above provision of the law, should be interpreted in cases where the person fails to provide personal information at all. While the defendants provided personal information which was not confirmed as consular official and this is deemed to have omitted part of the personal information, the court below found the defendants guilty on the ground that the defendants did not provide the personal information at all, which affected the conclusion of the judgment by misapprehending the legal principles.
B. The lower court’s punishment against the Defendants by the prosecutor (a fine of five million won per fine) is too unhued and unreasonable.
2. Determination:
A. The lower court’s determination on the Defendants’ assertion of misapprehension of the legal doctrine is based on the following circumstances acknowledged based on these evidence, namely, ① Article 10-2(1) of the former Act on the Management of Marriage Brokerage Business (amended by Act No. 14441, Dec. 20, 2016; hereinafter “former Marriage Brokerage Act”) and Article 3-2 of the former Enforcement Decree of the Marriage Brokerage Act provide the users who entered into a contract and the parties to marriage brokerage with personal information certified by a notary public of the pertinent country, and Article 30(1) of the former Enforcement Decree of the former Marriage Brokerage Act where a notary public has obtained certification from a foreign country.