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(영문) 서울남부지방법원 2018.06.11 2017고단4869

방문판매등에관한법률위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

No visiting seller, etc. shall inform false or exaggerated facts or induce or trade with consumers by using deceptive means, or obstruct the withdrawal of subscription or termination of a contract.

Defendant

A from May 19, 2015 to the same year

6. By the end of 17th, Kimcheon-si building B 201 and 202, the door-to-door sales business operator who runs the door-to-door sales business with the trade name of "F". Defendant B, who was employed by Defendant A, was a visiting sales supervisor in charge of product publicity under the name of "head of office", and Defendant B, who was recruited through the leaflet, sold to 90 members each 125 bit purchased from 90,000 won per unit price per unit to 598,000 won per unit, on the ground that "the 60th before and after the 60th anniversary of the sapperusization and white shot, is effective in the recovery of blood circulation and skin, due to the shotning of the shot, and is effective in the mitigation of the shot, and by blocking the electromagnetic waves, it is possible to prevent the ske and export to Japan.

As a result, Defendants jointly informed false or exaggerated facts or enticed or traded consumers by using deceptive methods.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of each prosecutor's office against G, H, I, and J;

1. Each police statement made against K, L, or M;

1. Application of the Acts and subordinate statutes on the sales slips, such as wood and charcoal;

1. The Defendants who have been subject to the pertinent legal provisions and punishment on the facts constituting the crime: Articles 61(1)1 and 11(1)2 of the Door-to-Door Sales, etc. Act, Article 30 of the Criminal Act, and each fine;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

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