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(영문) 대전지방법원 2019.07.04 2019고단1281

방문판매등에관한법률위반등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the head of the team in charge of attracting investment and the management of subordinate investors belonging to the Seoul Eastern District Court on May 11, 2018, belonging to the future branch (the head of the branch E, the Seoul Eastern District Court sentenced to 10 years of imprisonment at the branch E, May 11, 2018) adjacent to the headquarters C (the representative D, the Seoul High Court sentenced to 15 years of imprisonment at the Seoul High Court on September 13, 2017; hereinafter referred to as “C”) located in the Yeongdeungpo-gu Seoul High Court

1. No person who violates the Door-to-Door Sales, etc. Act shall trade money without any trading of goods, etc., or do any actual monetary transaction in disguise of any trading of goods, etc. by using a multi-stage organization or any similar organization that has joined in a phased manner;

Nevertheless, D, at the C office and 18 branch offices in Yeongdeungpo-gu Seoul Metropolitan Government and 23, D, based on the investment attraction performance of each branch, the branch office head shall be the head of the headquarters, and the head of the headquarters shall have a multi-level business organization consisting of the branch office head, the head of the headquarters, and the team leader, such as appointment of the team leader, and shall pay 5% or 7% of the monthly investment attraction fund to the head of each branch office, and the head of each branch office shall pay the remainder of the restrictions on the profits to be paid to investors according to the ratio allocated to the head of each branch office, the head of the headquarters, the team leader, and the relevant investor recruitment policy.

The Defendant, among the above 18 branches, uses the above multi-level sales organization as a recruitment scheme for the above multi-level sales organization. On November 26, 2014, at the above future branch office, “FX M&C brokerage business, etc. A large profit from the overseas business run by D, such as FX M&C brokerage business. When investing in D’s business, it shall guarantee the 1-10% dividend every month out of its revenue, and return the principal after one year.” On November 26, 2014, the Defendant received KRW 10,000 from the above F, as shown in the list of crimes in the attached Table, and received KRW 10,00,000 from the above F. < Amended by Presidential Decree No. 25780, Oct. 10, 2014>