방문판매등에관한법률위반등
Of the judgment of the court below of first instance, the part against Defendant A and the judgment of second court shall be reversed.
Defendant
A Fines 9,000.
1. The decision of the court below on the summary of the grounds for appeal (for defendant K: 2 million won of fine of the court below of first instance; 5 million won of the fine of the court of first instance; 4 million won of the fine of the court of second instance) is too unreasonable.
2. The judgment ex officio (the part of the judgment of the court of first instance concerning the defendant A and the judgment of the court of second instance) prior to the judgment as to the grounds for appeal by the defendant A, this court tried by combining the first and second appeals by the court of first instance against the defendant A, and the part against the defendant A and each of the judgment of the court of second instance, among the judgment of the court of first instance which was consolidated in the trial, are concurrent crimes under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment for which concurrent crimes have been aggravated in accordance with Article 38(1) of the Criminal Act. In this regard, the part against the defendant A and the judgment of the court of second instance in the judgment of first instance
3. We examine Defendant K’s assertion of unfair sentencing on the assertion of unfair sentencing, the defendant's time to commit the instant crime, the defendant's participation in the instant crime, and the extent of the defendant's participation in the instant crime is relatively excessive. However, the crime related to multi-level marketing, such as the instant case, is highly likely to cause damage to higher salespersons through the joining of subordinate salespersons. The crime of multi-level marketing, such as the instant case, is structurally promoting the interests of superior salespersons through the joining of subordinate salespersons. Accordingly, since the first salesperson, who joined the instant sales organization, as the first salesperson, brought the relative or friendship, etc. into subordinate salespersons, and eventually bring the damage to his family and society beyond the personal injury, it is not good that the crime is committed, and the other factors and circumstances leading to the instant crime, including the Defendant's age, character and behavior, the method and consequence of the instant crime, the circumstances before and after the instant crime, etc., are examined, and it is not recognized that the sentence of the lower court is excessively unreasonable.
4. Conclusion.