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(영문) 대구지방법원 의성지원 2015.09.17 2015고정57

방문판매등에관한법률위반

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

No door-to-door seller shall engage in any act of making false or exaggerated information or soliciting or trading with consumers by using deceptive means.

The Defendant recruited to run door-to-door sales business with the trade name of “D,” prepare a temporary sales place, supply goods for sale, publicize and sell them, and use a studal car, etc. to put the elderly living in the neighborhood to a temporary sales place.

From December 1, 2014 to January 19:00 on December 26, 2015, the Defendant made an exaggerated advertisement to the effect that “The Defendant: (a) at the D office located in the 2nd G restaurant located in the G restaurant located in the Gyeong-gun, Chungcheongnam-gun; (b) the Defendant singing the aged by singing and displaying sing the aged; and (c) the Defendant “this clothes are good; (d) this is a product with the entire body; and (d) the Defendant sold the panty in an exaggerated advertisement to the effect that “the panty, in which the said learning has a medical function; and (e) the 200,000 won per each 1,50,000 won per each 1, and 480,000 won per 1,50,000,000 won per 1, respectively, in an exaggerated advertisement.”

As a result, the defendant conspired with E to inform false or exaggerated facts or to induce or trade consumers by using deceptive methods.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Each police statement made to H and I;

1. Written statements of J, K and L;

1. Records of seizure and the list of seizure;

1. Application of the Act and subordinate statutes to investigation reports (as to attachment of field photographs);

1. Article 61 (1) 1, Article 11 (1) 2, and Article 30 of the Criminal Act concerning facts constituting an offense, and Article 61 (1) 2 of the Act on Door-to-Door Sales, etc. According to which punishment is selected;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;