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(영문) 서울중앙지방법원 2020.08.19 2020고정695

방문판매등에관한법률위반

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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

B (B) A(hereinafter referred to as “B”) is the president of a company that has its head office in Belize, a South and North America country, and there are four major executives, including D, E, F, and G, who are in charge of advertising in each country as a global beautyer.

Defendant

A established the “B Gangnam-gu Office” in the Seocho-gu Seoul Metropolitan Government H building I and induced investors with Defendant J.

No one shall establish, manage, or operate a multi-level marketing organization, etc. without being registered with the Mayor/Do Governor, and shall use a multi-level marketing organization or any similar organization that is comprised of persons who have joined such multi-level marketing organization in a phased manner to trade money without any transaction of goods or make any actual monetary transaction by pretending any transaction of goods, etc.

Nevertheless, around April 2018, the Defendants, at the above B Gangnam office, up to April 2018, up to 2018, engage in trading trading of virtual currency within 10 bitcos, including B, with the “L” software developed by themselves, thereby creating high profits. In the event of an investment as a bitcos, the Defendants would assign MOcos developed by B, pay 10% of the direct recommendation fee, 1-3% of the indirect recommendation fee when recruiting subordinate investors, etc. Ultimately, around April 22, 2018, the Defendants provided that “the eight-level investors will receive recommendation allowances.” In short, the Defendants received 15 million won investment from the Victim K around April 22, 2018.

Accordingly, in collusion with the above C, the Defendants established, managed, or operated a multi-level marketing organization without being registered with the Mayor/Do Governor, and only made a monetary transaction without any transaction of goods or services through a multi-level sales organization or a multi-level sales organization.

Summary of Evidence

1. Court statement of the defendant (which is made on the sixth trial date);

1. Each protocol concerning the examination of the accused by the prosecution;

1.With respect to J.