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(영문) 창원지방법원 2015.08.20 2015노161

결혼중개업의관리에관한법률위반

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The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged is a person who is engaged in the international marriage brokerage business without registration in the name of "D" at the window C of Changwon-si.

Any person who intends to engage in the international marriage brokerage business shall register with the head of a Si/Gun/Gu having jurisdiction over an area where he/she is to establish a brokerage office after meeting the standards, such as education to improve professional knowledge, awareness of ethics and quality conducted by the Minister of Gender Equality and Family or the head of a Si/Gun

Nevertheless, the Defendant, who reported under the name of the Defendant’s wife E, indicated the word “international marriage registered company, domestic and international marriage” on the signboard of the above office as if the said D company was normally registered as an enterprise with the intent of engaging in international marriage brokerage by receiving money from the users of international marriage who will continue to engage in the international marriage brokerage due to lack of capital stock as of July 31, 2013, and operated the international marriage brokerage business without registration until April 16, 2014 after displaying a foreign national flag, the wall page of the office and the wall page of the office, and the Defendant displayed a certificate of completion of education for international marriage brokerage that was completed before the closure of the business.

2. On the judgment of the court below that found the Defendant guilty of the facts charged in this case and sentenced a fine of one million won, the Defendant appealed to the effect that ① there was no international marriage brokerage business and ② even if the facts charged are found guilty, the sentence of the court below is too unreasonable.

3. Article 2 Subparag. 2 of the Act on the Management of Marriage Brokers (hereinafter “Marriage Brokers Business Act”) provides that “ marriage brokerage business” means any business of arranging marriages in exchange for fees, membership dues, or other money or goods.

Here, "Marriage brokerage" is a business.