logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2015.01.15 2014노3561
결혼중개업의관리에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the Vietnamese law claiming mistake of facts or misapprehension of legal principles, it is practically impossible to issue a confirmation of state of marriage before marriage, so it is impossible to provide it before marriage. However, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in misunderstanding of facts

B. Even if the Defendant’s conviction is recognized, the lower court’s punishment (fine of KRW 300,000) is too unreasonable.

2. Determination

A. Although the Defendant asserts that it is impossible to obtain personal information documents (a marriage certificate, criminal record certificate, health examination) before marriage is married because the other party to marriage was determined in accordance with the Vietnam law, the Defendant alleged that it is impossible for him/her to obtain the documents of personal information (a marriage certificate, criminal record certificate, and health examination).

Rather, according to the result of the Busan District Court's entrustment of delivery of documents to the case No. 2014 High Court's 2014 High Court's case No. 3718, it is recognized that the Republic of Korea's Jeju District Court only notarial acts by combining the above three personal information documents.

(Article 10 (2) of the Vietnam Family Register Act provides that "where a person uses a written confirmation of state of marriage to make a marriage report, he/she shall accurately state what he/she intends to marry with a person." However, the above provision applies to a case where a written confirmation of state of marriage is issued, which applies to a case where a written confirmation of state of marriage is issued to make a report of marriage, and it cannot be viewed as a document to recognize that a marriage counter-party should be determined even in a case where a written confirmation of state of marriage is issued for other purposes). Therefore,

B. In order to prevent various problems that may arise after marriage in the situation where international marriage is increasing in recent decisions on the assertion of unfair sentencing, the parties to marriage are against the parties to marriage.

arrow