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(영문) 광주지방법원 2013.12.13 2013노1624
결혼중개업의관리에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant was unable to register the international marriage brokerage business in his name; (b) borrowed the name of G and registered; and (c) carried out the marriage brokerage business independently as the actual representative of that business; and (d) the Defendant’s act constitutes an “unregistered brokerage” prohibited by the Marriage Brokers Business Management Act (hereinafter “the Marriage Brokers Business Act”); (c) however, the lower court acquitted the Defendant of the facts charged in the instant case by misapprehending the legal principles

2. The facts charged of this case are based on the premise that the Defendant, by borrowing the name of G, was engaged in the marriage brokerage business solely after having only the formal appearance.

However, according to the evidence duly adopted and investigated by the court below, although the defendant was sentenced to a fine for violation of the Marriage Brokers Business Act and was unable to operate or engage in the marriage brokerage business, the court below was found to have been in full view of the fact that the international marriage broker of the same trade name registered in the name of "F" was in exclusive charge of major brokerage business, including overseas contact points, and that he was engaged in the business of marriage brokerage, such as managing and using business funds freely by obtaining a physical card connected with the business account from G. On the other hand, after acquiring "F" and completing registration of the international marriage brokerage business in accordance with the Marriage Brokers Business Act, G was actually engaged in some business such as recruitment of members and consultation at two or three times a week after completing the international marriage brokerage business (the "F" is known to G employees as the president of the investigation record, 190, 255 pages), and raising operating funds individually, and all expenses incurred in managing and operating the above business.

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