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(영문) 울산지방법원 2014.12.24 2014고정1494
결혼중개업의관리에관한법률위반
Text

The sentence of punishment against the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A is a corporation established for the purpose of international marriage brokerage, such as counseling and arrangement for international marriage by the B representative director of the international marriage brokerage company in Ulsan-gu, U.S., and the information on marriage of the defendant corporation is a corporation established for the purpose of international marriage brokerage.

Each international marriage broker shall obtain personal information from a user who has entered into a contract and from the other party to marriage brokerage, such as records of marriage, health conditions, occupation, criminal records (crimes related to sexual assault, domestic violence, child abuse, brokerage and coercion of sex trafficking, and whether imprisonment without prison labor or more punishment for a period of ten years has been pronounced) and provide the other party and the user with such information certified by a notary public of the

Nevertheless, on October 2013, Defendant A continued to contact without providing users with personal information certified by a national notary public of the counterpart women in advance at the place where 4-5 international marriage users are arranged for E and Vietnam women, i.e., international marriage users.

Defendant

The defendant A, a representative of the corporation, violated the Act on the Management of Marriage Brokerage.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes of E;

1. Article 26 (2) 4 and Article 10-2 (1) of the Marriage Brokers Business Management Act; Defendant A, a fine corporation: Articles 27, 26 (2) 4 and 10-2 (1) of the Marriage Brokers Business Management Act; Articles 27, 26 (2) 4 and 10-2 (1) of the Marriage Brokers Business Management Act;

1. Defendants to be suspended from sentence: Fine of 300,000 won; and

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act (100,000 won per day conversion);

1. The Defendants: (a) the Defendants are allowed to commit a crime under Article 59(1) of the Criminal Act; (b) Defendant A has no record of criminal punishment; and (c) due to difficulties arising from the current system of Vietnam.

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