방문판매등에관한법률위반방조
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) is a way to support the offense of the principal offender by promoting the offense of the principal offender. As such, the Defendant’s act of receiving sales proceeds from the subordinate seller by explaining “D” to the subordinate seller while recognizing that the Defendant was a multi-level marketing organization without registration, constitutes aiding and abetting the establishment, management, and operation of the multi-level marketing organization without registration, including E.
Nevertheless, the judgment of the court below acquitted the defendant, which erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.
2. Determination
A. The lower court determined that the lower court: (a) premised on the distinction between the “multi-stage sales business operator” who is obligated to register a multi-level marketing organization with a related agency under the Act on Door-to-Door Sales, Etc. and the “multi-stage sales supervisor” who is not obligated to do so; (b) there is no evidence to deem the Defendant as a multi-stage sales business operator; and (c) the Defendant appears to have had a large number of higher order in the instant multi-level marketing organization; (b) the Defendant appears to have not been superior in the instant multi-level marketing organization; and (c) the Defendant directly recruited by the Defendant was engaged in approximately 20 members, and the Defendant directly and indirectly in the financing management of “D”
(3) The Defendant was aware that the Defendant’s act of receiving money from members under the name of the right of advertising and the right of advertising and the right of points purchase of alkic points and of managing or operating “D” as a non-registered multi-level marketing organization.
(4) In such a situation, the Defendant recommended K, etc. to make an investment in D.
Even if it is intended to facilitate the establishment, management, or operation of a multi-level marketing organization without registration of E, etc.