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(영문) 대구지방법원 2017.09.06 2016고정2645

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 is a person who operates an international marriage intermediary in Daegu Jung-gu as “C” in the name of “C”.

An international marriage broker shall obtain certification from a notary public of the relevant country of a relevant country, respectively, of documents verifying marriage experience, health status, criminal experience, etc. from users who have entered into a contract and the other party of marriage brokerage, and provide the other party and the user with written documents after obtaining confirmation from a consular official in a foreign country, if such certification

Nevertheless, on September 14, 2015, the Defendant entered into an international marriage brokerage contract with D at the above company office, and introduced Vietnam female E, and provided the same D with personal information about the marriage experience, health condition, criminal experience, etc. of E certified by a notary public without obtaining confirmation from the consular official.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect of each police officer against the accused (including cross-examination);

1. Statement made by the police against D;

1. Submission of a written contract requesting the progress of an international marriage event, materials provided prior to a contact, confirmation documents, and evidentiary materials;

1. Inquiries into facts to the Korean consulates;

1. Application of Acts and subordinate statutes to each investigation report (No. 3, 4, 6, 7, 8, 9, 10, 12 and 13 No. 13)

1. Relevant legal provisions concerning facts constituting an offense and the Act on the Management of Marriage Brokerage Business through which the choice of punishment has been made (amended by Act No. 1441, Dec. 20, 2016; hereinafter the same shall apply);

§ 26(2) Subparag. 4, and Article 10-2(1)(s)(s)(s)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that it is practically impossible for the Defendant to provide the other party to the marriage brokerage with the personal information certified by a notary public in the case of international marriage brokerage in Vietnam with the personal information authenticated by a consular official. Thus, the Defendant does not control or disadvantage the said information.

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