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(영문) 부산지방법원 2014.01.23 2013고정5403

방문판매등에관한법률위반

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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

No one shall impose duties, such as collecting expenses, money, or other valuables on any salesperson or any person who intends to become a salesperson by using a multi-level marketing organization or any similar organization comprised of persons by stages, regardless of the name or form of such organization, such as membership fees.

On August 12, 2011, the Defendant: (a) purchased goods of KRW 4,60,00 from the victim C’s house located in Busan Shipping Daegu Ba401 on the part of the victim C; (b) purchased goods of KRW 4.6 million under the pretext that the victim registered as a member in ( state) having a sales structure in step 4,00,000; and (c) purchased goods from the victim’s house located in the victim’s house in Busan Shipping Daegu 401, and (d) imposed a duty equivalent to KRW 4.6 million by subscribing the victim as a door-to-door seller.

Summary of Evidence

1. Defendant's legal statement;

1. Statement C in the second police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes to investigation reports ( telephone communications and forwarding documents);

1. Article 52(1)2 and Article 23(1)3 of the Act on the Door-to-Door Sales, etc., for which punishment is selected (Amended by Act No. 11324, Feb. 17, 2012; Act No. 11324, Feb. 17, 2012); selection of fines

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;