결혼중개업의관리에관한법률위반
The defendant shall be innocent.
1. The summary of the facts charged is that the Defendant is operating an international marriage broker with the trade name “D” in Daegu-gu C.
An international marriage broker shall prepare personal information, such as marriage experience, health status, occupation, and criminal experience, from a user who has entered into a contract for marriage brokerage and the other party to a marriage brokerage in a language that can be understood by the user and the other party, provide certified personal information of a notary public, and arrange for remainder where both the user and the other party agree in writing.
However, on September 4, 2015, the Defendant arranged to Vietnam without providing E with personal information of F, the other party, in a non-place in Vietnam, around September 4, 2015.
2. Determination
A. The Act on the Management of Marriage Brokerage Business (hereinafter “Marriage Brokerage Act”) provides for the methods of concluding a contract for international marriage brokerage at the time of international marriage brokerage as follows:
Article 10 (Preparation, etc. of Marriage Brokerage Contract) (1) If a marriage broker intends to receive membership fees and other money or valuables for the purpose of marriage brokerage, he/she shall enter into a contract by any of the following methods:
In such cases, a user shall fully explain the details of the contract so that he/she can understand the contents thereof.
1. [Omission]
2. International marriage broker: (1) Any of the following personal information (including evidential documents) certified by a notary public of the relevant country shall be obtained from a user who has entered into a contract pursuant to Article 10 (1) and the other party to marriage brokerage (hereinafter referred to as "the other party") in writing from the user who has entered into the contract pursuant to Article 10 (1) and the other party to marriage brokerage, respectively, and provide the other party with such information in writing:
(2) Any person who falls under any of the following subparagraphs shall be punished by imprisonment for not more than three years or by a fine not exceeding 20 million won:
4. A violation of Article 10-2 (1);