사기등
The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of KRW 2,00,00, and Defendant B and C by a fine of KRW 1,000,000.
1. Summary of grounds for appeal;
A. The judgment of the court below that found Defendant A as guilty of all the charges of this case against Defendant A, which is erroneous in the misapprehension of facts as follows.
A) The F Co., Ltd., a violation of the Door-to-Door Sales, etc. Act (hereinafter “F”) carried out a sports device reverse and a real sports device sales business. Among them, the illegal multi-level financial business is a sports device back business. Defendant A only carried out a sale of real sports device at the K agency it operates (hereinafter “instant agency”). Defendant A did not carry out a sports device back business.
In addition, Defendant B and C are not members of the instant agency (FC).
B) Defendant A was in violation of the Act on the Regulation of Similar Receiving Act, and Defendant A received a daily transfer limit upon Defendant B’s request from the victims, and only deposited money in lieu of F’s virtual account. The money deposited above was acquired by F and it was not acquired by Defendant A. Thus, Defendant A did not have any similar receiving act.
C) The fraud of Defendant A not only does not have any direct contact with the victims, but also could expect the victims to receive investments.
As we thought, there was no intention to acquire by deceit for victims.
2) The lower court’s sentence against Defendant A, which was unfair in sentencing (an amount of KRW 5 million) is too unreasonable.
B. The judgment of the court below which found Defendant B and C guilty of all the facts charged of this case against Defendant B and C is erroneous in the misapprehension of facts as follows.
A) Defendants B and C are in violation of the Act on Door-to-Door Sales, Etc., but in fact, establishing and operating a multi-level marketing organization is the representative director and executive officers of F, and Defendants B and C are not the parties establishing and operating F. Thus, the multi-level marketing organization is registered.