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(영문) 대전지방법원 2017.01.13 2016고정1315
결혼중개업의관리에관한법률위반
Text

1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates an insurance agency in Dae-gu B during the war.

Any person who intends to operate an international marriage brokerage business shall complete education and complete registration with the head of a Si/Gun/Gu having jurisdiction over an area where he/she intends to establish a brokerage office in compliance with the standards prescribed by Presidential Decree, such as capital requirements, guaranteed insurance proceeds,

Nevertheless,

A. On January 10, 2014, the Defendant, without registering an international marriage brokerage business with the relevant Gu office, transferred gold KRW 15 million to E ( South and 43 years old) who was found to engage in international marriage in the office of “C” located in the Gu, Jung-gu, Seoul, Seoul, and then introduced a female of Cambodia’s nationality to engage in international marriage brokerage business.

B. On January 20, 2015, the Defendant, without registering an international marriage brokerage business with the relevant Gu office, transferred gold KRW 15 million to F ( South Korea, 48 years old) who was found to engage in international marriage in the office of “C” located in the Gu, Jung-gu, Seoul, Seoul, and then introduced Cambodia’s national women to engage in international marriage brokerage business.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Application of each statute on filing of a complaint;

1. Article 26 (1) 2 and Article 4 (1) of the Act on the Management of Marriage Brokerage Business for Criminal Facts, the selection of a fine and the selection of a fine for negligence;

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

1. The defendant, who closed the international marriage brokerage business for the reason of sentencing under Article 334(1) of the Criminal Procedure Act with the order of provisional payment, was well aware that running the international marriage brokerage business without being registered, was illegal, but there is no possibility of criticism for the crime of this case.

However, there are favorable circumstances, such as the fact that the defendant is against the defendant, the fact that the defendant seems to have caused the crime of this case at the request of the requester even after he has discontinued his marriage brokerage business, and that the defendant has no record of the same kind of crime.

2.3.2

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