Defendant shall be punished by a fine of KRW 100,000.

The above fine shall not be paid by the defendant.

A. In light of the mistake of facts or misapprehension of legal principles, etc., for Vietnam’s nationals, a certificate of marriage experience may be issued only for the purpose of reporting marriage, or only for some other purposes (employment or cash loan). Thus, it is impossible to obtain and provide a certificate of marriage experience for Vietnam women when mediating international marriage between Korean men and Vietnam, as required by the Marriage Brokers Business Management Act.

Therefore, since the act recorded in the facts charged of this case is unlikely to expect the lawful act, and the responsibility is dismissed, the judgment of the court below is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. Not on the basis of unreasonable sentencing

Even if the court below's punishment (the fine of 300,000 won) is too unreasonable.

2. Determination:

A. We examine the argument on mistake of facts, etc.; the following circumstances acknowledged by the court below as guilty of the defendant; ① providing personal information, such as a certificate of marriage experience, under the Act on the Management of Marriage Brokerage Business, is intended to protect the user; ② The above laws and policies pertaining to international marriage brokerage do not allow a specific country, such as Vietnam, to engage in international marriage brokerage, or to issue a certificate of marriage career, if any cause or event that makes it impossible to comply with the law due to the impossibility of issuing a specific document, such as a certificate of marriage experience, occurs, it is consistent with the legislative purport of the law. The pertinent procedure is consistent with the legislative purpose of the law.