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(영문) 수원지방법원 성남지원 2014.04.24 2014고단385

결혼중개업의관리에관한법률위반

Text

Defendant

A shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Criminal facts

1. Any person who intends to engage in the international marriage brokerage business of Defendant A shall register with the competent authority;

Nevertheless, on July 2012, the Defendant, without registering the international marriage brokerage business, was found to be for business purposes related to international marriage brokerage in the residence of G located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and had G prepare methods and necessary documents to make international marriage as if he was a normally registered employee. To this end, the Defendant investigated the personal status of G, including name, age, occupation, address, key, body weight, home-based possession, monthly income, and then carried out unregistered international marriage brokerage business upon receiving KRW 13 million from G on condition that he/she would enter into international marriage with H of the Republic of Korea nationality.

2. Defendant C, at around 10:00 on August 27, 2012, at the Defendant’s residence located in Sungnam-si, Sungnam-si, A, even though having been aware that A was engaged in international marriage brokerage without registering the international marriage brokerage business, provided that A received KRW 500,000,000 from A in terms of fees, provided that he would receive KRW 500,000,000 from A.

Accordingly, the defendant assisted and aided the act of international marriage brokerage business without registration of A.

Summary of Evidence

1. Each legal statement of the defendant A and C;

1. The police statement concerning G;

1. The current status of each individual's entry and departure (G, A), marriage certificate, etc.;

1. Application of Acts and subordinate statutes to the details of the employee registration;

1. Article 26 (1) 2 and Article 4 (1) C of the Marriage Brokers Business Management Act: Defendant C: Selection of a fine under each subparagraph of Article 26 (1) 2 and Article 4 (1) of the Marriage Brokers Business Management Act, Article 32 (1) of the Criminal Act;

1. Defendant C: Articles 32(2) and 55(1)6 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act (Defendant C: 100,000 won per day);

1. Defendant C of suspended sentence: Criminal Act.