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(영문) 서울동부지방법원 2014.05.28 2013고단1173

방문판매등에관한법률위반

Text

Defendants shall be punished by imprisonment with prison labor of one year and six months, and fine of twenty thousand won.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

Defendant

A is the head of the 3rd Education Center of the F Co., Ltd. in building in Songpa-gu Seoul Metropolitan Government (hereinafter referred to as the “instant company”), a multilevel marketing company registered in Seoul Metropolitan Government, and Defendant B is the head of the 5th Education Center of the instant company.

1. From May 2008, the Defendants, G, H, I, and J had been tried to commit a violation of the Door-to-Door Sales Act, etc. at the Seoul Songpa-gu Seoul Metropolitan Government District Court around June 2009 on the grounds that they worked together with the multilevel marketing company, which is a multilevel marketing company located in the building in Songpa-gu Seoul, and were aware of the fact that the representative L was tried to commit a violation of the said Act on Door-to-Door Sales, etc., at the Seoul East East Branch District Court around June 2009, G led to the crisis facing the organization. At around October 2009, G led to the establishment of F, a multilevel marketing company, a multilevel marketing company.

2. Organization and operation;

A. The Defendants: (a) transferred the subordinate organization already managed by K to the instant company; (b) maintained the instant company’s representative director G 200 million won; (c) paid the incorporated capital of the instant company by securing KRW 100 million by Defendant A and Defendant B; (d) paid the lowest class sales staff; and (e) the payment system for allowances was formulated by the first step top class sales staff (SP) 3% of the first step top class sales, the second step top class sales staff (GP) 7% of the first class sales; (c) the third step top class sales staff (GP) 7% of the first class sales; and (d) the third step top class sales staff (MP) 12% of the first class sales; and (e) the top class sales staff (SP) SP 3% of the first class sales staff (SP), other than the educational allowances, and (e) paid the same allowances for fostering non-independent groups and non-independent group promotion allowances.

B. Representative G manages the purchase, sale, and management of goods as the representative director of the instant company, and manages the entire organization, and the Defendants, H, I, and J are guaranteed the class of SMF which is the highest sale, and organization management, recruitment of salespersons, and sales of goods against subordinate salespersons.