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(영문) 인천지방법원 2017.11.09 2017고정2332
결혼중개업의관리에관한법률위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who runs an international marriage brokerage business under the trade name of "C" in Nam-gu Incheon Metropolitan City.

An international marriage broker shall obtain personal information on marriage experience, health status, occupation, criminal experience, etc. from a user who has entered into an international marriage brokerage contract and the opposite party and obtain certification from a notary public of each relevant country (Provided, That where the user or the opposite party has obtained certification from a notary public in a foreign country, he/she shall obtain certification from a consul in charge of notarial services pursuant to Article 30 (1) of the Act on Notarial Acts of Foreign Missions or obtain certification from a consul in charge of notarial services in a foreign country pursuant to the Convention Abolishing the Requirement for Certification of Foreign Public Document) and then shall translate and provide the user and the opposite party in a language understandable to both the user and the opposite party in a foreign marriage contract and arrange for remainder of Korea if both the user

Nevertheless, on June 2016, the Defendant arranged to D, a user who entered into an international marriage brokerage contract with the Defendant in the above office, without providing D with personal information about marriage, health, criminal experience, etc. certified by a notary public of the pertinent country, and arranged to have D, the other party of Liberian women, E, the other party of which, as seen above, passed away.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Details of accusation, violation, and administrative disposition;

1. Application of Acts and subordinate statutes to written consent forms, unmarried certificates, medical reports, and criminal career certificates (record 389 pages to 402 pages);

1. Article 26 Subparag. 4 and Article 10-2 Subparag. 1 of the Act on the Management of Marriage Brokerage Business through which the relevant provision of the Act on Criminal Facts and the selected punishment are provided (Amended by Act No. 14700, Mar. 21, 2017)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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