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(영문) 광주지방법원 순천지원 2017.06.07 2016고단2519
결혼중개업의관리에관한법률위반
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Any person who intends to run an international marriage brokerage business shall register with the head of a Si/Gun/Gu having jurisdiction over the area where he/she intends to establish a brokerage office.

Nevertheless, the Defendant, without registering with the relevant Mayor, was a business that receives a total of KRW 4,1170,00 from the date of introduction in attached Table five times until December 2015, from the E point of the operation of D from December 2009 to June 14, 201, as “to introduce D to allow marriage with females of the Philippines” from the E point of the operation of D, and received KRW 7,00,000 as the introduction expense, and thereafter, received KRW 4,117,00 from that time to December 2015.

In this respect, the defendant did not register with the female Mayor and operated an international marriage brokerage business.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and G;

1. Copies of each police statement made to D;

1. Investigation report (with respect to the Switzerland women and married H), investigation report (with respect to witness I)

1. Application of finance-related Acts and subordinate statutes;

1. Article 26 (1) 2 and Article 4 (1) (main sentence) of the Act on the Management of Marriage Brokerage Business through which the relevant criminal facts are applicable, and the choice of imprisonment with prison labor;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2(1) of the Criminal Act, the main sentence of Article 59(1) of the Act on the Protection, Observation, etc. of Social Service Orders, and the following circumstances, and the Defendant’s motive of engaging in an unregistered international marriage brokerage business, the number of unregistered international marriage brokers, and profits acquired while engaging in an unregistered international marriage brokerage business, etc. shall be determined as indicated in the disposition, taking into account all the relevant sentencing conditions.

An unfavorable circumstance: The defendant has a criminal record of the stay of execution or more, and the circumstances favorable to the fact that the defendant has several times of fraud: there is no same history as the defendant, and some of the introduction fees that the defendant received while operating an international marriage brokerage business without registration.

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