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(영문) 대구지방법원 서부지원 2014.03.20 2013고합214

방문판매등에관한법률위반등

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, along with D, E (each indictment of detention on June 21, 201), F, G (each indictment of non-detention on June 21, 201), had the general right to purchase the H cosmetics, and had the Defendant involved in the business of selling the H cosmetics entrusted with the general right to purchase and had the intent to receive the same without delay.

Accordingly, the Defendant established the Seocho-gu Seoul Metropolitan Government I's Office of the H Cosmetics 809 and made an investment under the pretext of investing in the business entrusted with cosmetics, and paid dividends, allowances, etc. accordingly. D established the K branch office, which is the H investment attraction office of 101, 402, Jung-gu, Daegu, pursuant to the introduction of E, and L recruited investors by establishing the N branch office, which is the investment attraction office, on the second floor of the 2nd floor of the Y in Daegu-gu, Seo-gu, and recruited to play the role of soliciting and managing investors in the above K branch office and N branch office along with E, F, GO, etc.

1. No person who violates the Door-to-Door Sales, etc. Act shall use a multi-level marketing organization only for monetary transactions without any transaction of goods;

Nevertheless, from August 5, 2010 to April 25, 2011, the Defendant recruited cosmetics seller at the K branch and N branch of the said H Cosmetics from D, G, E, and F, to April 25, 201, and paid 3% of the investment attraction amount to investors P, etc. as a recommendation allowance (business expenses) when attracting investment after paying 330,000 won for each person and becoming a salesman. Two investment groups are organized with set up a affiliates. If the investment of a small group of the investment groups exceeds 20,000 won, the Defendant paid 4% of the investment attraction amount as an allowance. If the investment of the affiliates exceeds 20,000 won, the Defendant has paid 3% of the investment attraction amount by increasing the retail store and 130,000 won per month, and if it has been maintained by 20,000 won per month, it shall be paid 20,000 won per month thereafter.