방문판매등에관한법률위반
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. Summary of grounds for appeal;
A. Defendant (1) is subject to the application of Article 13(1) and Article 58(1)1 of the Act on Door-to-Door Sales, Etc. by misunderstanding the legal principles or door-to-Door Sales, Etc., limited to multi-level sales business operators. The Defendant was merely a multi-level sales salesperson prior to September 2015, and the Defendant was merely a multi-level sales salesperson. On September 2015, 2015, the Defendant established, managed, and operated a multi-level sales organization as a multi-level sales business operator with the head of the M
Nevertheless, the lower court found the Defendant guilty of all the charges of this case, including the portion of multi-level salesman, without distinguishing between multi-level salesman and multi-level salesman, and thus, erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
(2) The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Article 13(1) of the Door-to-Door Sales Act (limited to door-to-door Sales Act) on the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine is to be registered with the Fair Trade Commission or the Special Metropolitan City Mayor, Metropolitan City Mayor, Special Self-Governing Province Governor, as prescribed by Presidential Decree.
Article 58(1)1 of the Door-to-Door Sales Act provides that “A person who establishes, manages, or operates a multi-level marketing organization without registration pursuant to Article 13(1) shall be punished by imprisonment for not more than seven years or by a fine not exceeding 200 million won.
“.......”
As above, the Door-to-Door Sales Act imposes the above registration obligation on only multi-level sellers. According to Article 2 subparagraph 6 of the Door-to-Door Sales Act, the term “multi-level distributor” refers to a person who establishes, manages, or operates a multi-level marketing organization to run multi-level marketing business, and this refers to a multi-level marketing organization.