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The prosecutor's appeal is dismissed.
Reasons
The summary of the grounds for appeal (misunderstanding the facts) was registered as an employee of H International Marriage Information (hereinafter “H”) and run an international marriage brokerage business independently without registration using H’s trade name.
In doing so, the lower court rendered a not-guilty verdict on the facts charged of this case. The lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
Judgment
According to the evidence duly adopted and examined by the lower court, the lower court acknowledged the following circumstances: (a) the Defendant had been engaged in international marriage brokerage in the name of “E” before the Defendant was registered as “H”’s employee; (b) the Defendant was generally requested for international marriage through one’s own seat; (c) consultation between the Defendant and the male members was conducted in the “E” office; (d) the Defendant had considerable discretion on the decision of brokerage commission; and (e) the Defendant paid a certain amount to F, thereby paying the Defendant’s allowance.
① However, a person who led to the recruitment of Vietnam is F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. W. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. F. M. F. F. F. F. F. F. F. F. money paid to F is used as expenses for international marriage brokerage business, such as return flight charges, Vietnam accommodation charges for documents, translation fees for the Republic of Korea, and flight charges for the Republic of Korea on the part of the Ministry of Strategy and Finance. Therefore, it is difficult to view the said money as a consideration for mutual loan. ④ The Defendant’s allowance variableed by paying only a certain amount to F. F. F. the Defendant’s payment of a certain amount would have a significant impact on the nature of the marriage brokerage business that appears to be natural sp.e., performing part of the international marriage brokerage business.
It is reasonable to view it, and the prosecutor submits it.