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(영문) 서울중앙지방법원 2016.08.31 2015고정3870

결혼중개업의관리에관한법률위반

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant, in Seoul Jongno-gu and 1209, established and operated an international marriage intermediary in the name of “E” in Seoul Jongno-gu and 1209, has claimed to the effect that the Defendant was not the representative of E, but the said company was not actually operated.

However, according to the evidence duly admitted, the Defendant: (a) registered his wife F as the representative on January 5, 2010; and (b) operated the International Marriage Brokerage Business on October 15, 2014 when he opened and operated the International Marriage Brokerage Business on January 17, 2014; (c) closed his business on May 6, 2016; and (d) opened his business on March 1, 2015. In order to continuously operate the International Marriage Brokerage Business, the Defendant was recognized to have operated the Brokerage Business jointly with D by registering the International Marriage Information Business under the name of D in order to avoid administrative disposition, and the Defendant committed the instant violation through a person in charge of Vietnam.

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 of marriage brokerage in a language that can be understood by the user and the other party, provide personal information certified by a notary public (where a notary public has obtained certification from a notary public in a foreign country, it is necessary to confirm from the consular official) and arrange for a meeting when both the user and the other party agree in writing to the meeting.

Nevertheless, on January 15, 2015, the Defendant entered into an international marriage brokerage agreement with I from the above company employees H, and provided personal information without consular confirmation at Vietnam’s hotel coffee shop on January 29, 2015. The Defendant received a written certificate of marriage of Vietnam women in advance when mediating international marriage between South and North Korea under the laws and regulations of Vietnam.