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The defendant's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is that the lower court erred by misapprehending the facts charged and adversely affecting the conclusion of the judgment, although the Defendant did not arrange for a disguised marriage between D and E.
2. Determination:
A. Article 815 subparag. 1 of the Korean Civil Code provides that “When there is no agreement between the parties to a marriage, the marriage shall be null and void.”
"A reason for nullity of marriage" is defined as "a case where the parties do not have an intention to create a mental or physical combination which is recognized as a couple under the social concept of the parties." Thus, even though it is acknowledged that the parties have an intention to establish a family relationship between themselves as a couple under the law of the law of the opposite marriage because of the agreement between the parties, it is merely a measure to achieve another purpose, and when there is no intention to establish a marital relationship between them, the marriage shall be interpreted as null and void in accordance with Article 815 (1) of the Civil Act.
(See Supreme Court Decision 96Do2049 delivered on November 22, 1996). B.
The following circumstances acknowledged by the aforementioned legal doctrine and the evidence duly adopted and investigated at the lower court, namely, ① the Defendant arranged for marriage with the wife F, namely, the Defendant: (a) from April 2012 to October 2012, when a local inspection was conducted by a public official in charge of the Incheon Immigration Control Office or a call was required to issue E’s foreigner registration certificate; (b) there was no call once from April 201 to the end of October 2012, when the police investigation was conducted in the instant case; and (c) the Defendant and F transferred approximately KRW 3,452,00 in total eight times from May 7, 2011 to February 13, 2012, after arranging marriage between D and E; and (c) the Defendant failed to explain the reasons why he divided and remitted certain amount of money to D.