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(영문) 부산지방법원 2015.10.29 2014고정3062
결혼중개업의관리에관한법률위반
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant operated an international marriage broker with the trade name "D" in Busan Jin-gu C and 1106.

피고인은 2014. 1. 11.경 위 사무실에서 E와 국제결혼중개계약을 체결한 후 E에게 결혼중개 상대방 여성들에 대한 혼인경력, 건강상태, 직업, 범죄경력 등에 관한 신상정보를 제공하지 아니한 채 2014. 1. 19. 베트남 하노이 하이퐁시에 있는 상호 불상의 식당에서 E와 F 등 2, 3명의 베트남 여성들과의 만남을 주선하였다.

Summary of Evidence

1. Legal statement of witness E;

1. Copies of each protocol of examination of witness G and H (2015 high-level 621);

1. Application of Acts and subordinate statutes of the contract (E);

1. Article 26 (2) 4 and Article 10-2 (1) of the Act on the Management of International Marriage Brokerage Business and the Selection of Fines for Crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the Defendant’s assertion regarding the burden of litigation costs under Article 186(1) of the Criminal Procedure Act, the Defendant asserts to the effect that, pursuant to the law of Vietnam, it is impossible for the Defendant to provide users with all “documents regarding marriage experience, health conditions, and criminal records from among personal information about the other party to marriage brokerage,” as provided by Article 10-2(1) of the Marriage Brokers Business Management Act, until the other party to marriage is determined by the marriage broker. However, there is no evidence to acknowledge this in the record.

① On the other hand, as the number of female marriage immigrants flowing through international marriage increases and the need to manage the international marriage brokerage company arises, in order to contribute to the formation of a sound marriage culture by guiding and fostering the marriage brokerage business in a sound manner and by protecting consumers, the developments leading up to the enactment of the Marriage Brokers Business Management Act by Act No. 8688 of Dec. 14, 2007, or the ② international marriage brokerage.

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