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(영문) 인천지방법원 2015.11.25 2015노1368

방문판매등에관한법률위반

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Although the summary of the grounds for appeal falls under a multi-level sales organization under the former Door-to-Door Sales Act, the lower court acquitted the Defendants, who were the head of the regional headquarters of the I Co., Ltd., on the premise that I was not a multi-level sales organization, erred by misapprehending the legal principles, or by misapprehending the legal principles.

2. Determination:

A. The summary of the facts charged of this case was from December 2, 2007 to November 2009, Defendant A served as the head of the International Headquarters of Incheon Headquarters, the regional head office of Company I (hereinafter “I”) operated by G and H, etc., with its head office on the 6th floor of F building in Yeongdeungpo-gu Seoul Metropolitan Government.

Defendant

B served as the head of the above I Incheon Headquarters from December 2009 to August 201.

Defendant

C from June 2008 to June 2012, while operating the said I Progress Headquarters, he/she served as the head of the headquarters.

The Defendants, along with G, H, and I 35 regional headquarters of the above I representative director, J, I K, etc., the overall director in charge of overall management of I 35 regional headquarters and centers across the country through the operation policy of I, and sold en-stage products, etc. by multi-level sales method through the operation policy of I , including operating manuals, etc., the Defendants subscribed to all or part of their consumers as assistant multi-level salesmen, and recommended that their assistant multi-level salesmen be able to gain certain profits if they engage in the same activity as that of their specific person, and planned to acquire profits through the multi-level sales organization made by stages, and prepared the following class system and support payment system.

When the Defendants received education conducted in the above I with the above G, H, J, K, etc. (main office/Center education or L education) and purchased one set of “M-Class 4 sets” supplied by I in the above I in the amount of KRW 396,00,000, the Defendants were eligible to register the consultant, and the consultant raises the performance of the purchase of goods in the amount of KRW 24,000,000 to the partner upon raising the performance of the consultant, and the assistant salesman recruited by the partner.