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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Reasons
Punishment of the crime
1. On or around December 31, 2012, a victim of a physical disability of 3, who suffers from child paralysis as an international marriage broker, was married with D with D on or around February 19, 2013, and the victim was divorced from D on or around February 19, 2013 due to the physical change, health problems, etc. while the victim was married with D on or around December 31, 2012. Accordingly, the Defendant promised to take all responsibility for marriage without any additional expenses, and to again engage in marriage brokerage for E from the victim and Cambodia, on the ground of the agreement with the victim that “if marriage is impossible due to definite marriage or other unforeseen reasons, he/she will not proceed with marriage again only once without any additional expenses.”
On February 1, 2013, the Defendant made a false statement to the victim stating that “A victim who wishes to marry with E was unable to refuse the Defendant’s demand to marry in order to marry in Cambodia Flax, and would have repaid money, such as document costs, slab costs, etc., necessary for mediating international marriage, will be repaid if he/she lends money to the Defendant.”
However, there was no intention or ability to repay the money from the victim even if there was no particular property at the time.
Around January 2013, the Defendant, by deceiving the victims as above, received USD 4,500, and USD 1,300, from a foreign bank located in Cambodia, at the hotel accommodation located in Cambodia, respectively, on or around January 18, 2013. Around March 18, 2013, the Defendant was transferred KRW 1,70,000 to a foreign exchange bank account in the name of F, the Defendant’s wife.
Accordingly, the defendant deceivings the victim to acquire the total amount of 18 million won.
2. Any person who intends to engage in the international marriage brokerage business in violation of the Marriage Brokers Business Management Act shall be educated and required to capital, guaranteed insurance, brokerage office, etc.;