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(영문) 광주지방법원 2016.06.21 2015노3103
결혼중개업의관리에관한법률위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

In the first instance trial, the prosecutor applied for changes in indictment by adding some of the facts charged against the defendant as stated in the following facts, and the judgment of the court below can no longer be maintained as the case is changed by this court's permission.

3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the judgment of the court below as to the defendant's unfair argument of sentencing, and it is again decided as follows. Since the facts charged added in the trial of the court below have a ground for reversal ex officio and the facts charged together with the facts charged by the court below should be sentenced to a single punishment.

Punishment of the crime

A person who intends to operate an international marriage brokerage business shall register with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office after undergoing education conducted by the Minister of Gender Equality and Family or the head of a Si/Gun/Gu, meeting the standards prescribed by Presidential Decree, such as capital and guaranteed insurance proceeds, brokerage offices

Nevertheless, on July 23, 2013, the Defendant entered into an international marriage brokerage agreement to receive KRW 13 million from G of the applicant for international marriage brokerage, which was found using the trade name of “F” at the office of Gwangju Northern-gu D (3rd floor) Dong-gu, Seoul, to receive KRW 13 million.

After that, on July 24, 2013, the Defendant led G and introduced He, a woman of Vietnam, to be a woman of Vietnam, to be an international marriage broker without registration.

Around that time, the Defendant received a total of KRW 11.5 million from 8 persons, such as G, etc. who requested international marriage brokerage, as shown in the attached list of crimes, and provided international marriage brokerage without registration.

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