beta
(영문) 서울중앙지방법원 2015.11.24 2014노1631

방문판매등에관한법률위반

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal (defluence of facts or misapprehension of legal principles);

A. The consortium of G Co., Ltd. (hereinafter “G Co., Ltd.”) is recommended to not only retail profit if it is placed in a position higher than a partner but also receive support allowances, and is admitted to G Co., Ltd. as a consortium with its expectation. Thus, the consortium is a multi-level marketing salesperson under the former Door-to-Door Sales, etc. Act (wholly amended by Act No. 11324, Feb. 17, 2012; hereinafter “former Door-to-Door Sales Act”). The sales organization of G Co., Ltd, including the consortium, constitutes a multi-level marketing organization.

B. Even if the consultant is not a multi-level marketing salesperson, the cooperator provided goods, etc. from G companies that are multi-level marketing business operators and sold or provided them to the consultant. The act of the cooperator selling goods, etc. to the consultant is a multi-level marketing act meeting consumer requirements under the former Door-to-Door Sales Act. Thus, at least the partner's sales organization is a multi-level marketing organization with the stage of not less than three stages of the salesman's subscription.

C. Nevertheless, on the premise that G company is not a multi-level marketing organization, the judgment of the court below which acquitted all of the facts charged of this case is erroneous in misconception of facts

2. The summary of the facts charged in this case is the OS (the highest position among the sales clerks belonging to the G company) belonging to the Nam-gu Seoul Headquarters of the Seoul company located in the third floor of the F building in Gangnam-gu Seoul, Seoul, as well as the OS belonging to the G headquarters of the G company located in the south-gu H building 601 at the port of port, the OS belonging to the G headquarters of the G company located in the south-gu H building 601 at the port, and the defendant C belongs to the G Dong Seoul Headquarters of the

The defendants are K and L, in-house directors of G companies located in the 6th floor of the J building in Yeongdeungpo-gu Seoul Metropolitan Government, M, G companies' OS interest and auditor N, and in-house directors of G companies as the head of Busan.