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(영문) 서울남부지방법원 2018.10.11 2018고단1863

방문판매등에관한법률위반

Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment with prison labor for six months.

(2) the date of this judgment.

Reasons

Punishment of the crime

1. Defendant A is a recruitment scheme that belongs to G Group on the fourth floor of the F Building in Yeongdeungpo-gu Seoul Metropolitan Government (the group president H, July 21, 2017, the former trial held on July 21, 2017), and is in charge of attracting investors.

No one shall conduct any financial transaction without any transaction of goods, etc., or actually conduct any financial transaction by pretending any transaction of goods, etc. using a multi-stage organization or any similar organization that is comprised of persons who have joined a multi-stage group.

Nevertheless, in the K Office and 18 branch offices in Yeongdeungpo-gu Seoul Metropolitan Government and 23, I, based on the investment attraction performance by each branch office, the branch office head shall be the head of the headquarters, and the head of the headquarters shall have the branch office head, the head of the headquarters, the team leader, and the multi-level sales organization composed of the recruitment responsibilities, such as appointment of the team leader as part of the investors, and the head of the headquarters shall pay 5% to the head of each branch office 5% or 7% of the monthly investment attraction fund to the investors, and the head of each branch office shall pay the remaining restrictions on the dividend payment to the investors according to the ratio allocated to the branch office head, the head of the headquarters, the team leader, and the relevant investor recruitment plan.

Defendant 1 used the aforementioned multi-level sales organization as a measure to recruit “L branch” among the above 18 branches, and used the said multi-level sales organization to raise the investor M a large profit from the overseas business operated by I, such as the FX MM trading brokerage business, around November 2015.

When investing in the I's business, it shall guarantee the distribution of profits of 1-1.5% per month with its profits.

“Around December 21, 2015, a total of KRW 675,00,000 of the investment amount was invested in 12 times from December 21, 2015 to August 1, 2016, as described in the List of Crimes (A), as well as from December 21, 2015 to December 21, 2016.

As a result, the Defendant, in collusion with I, H, makes a monetary transaction without trading goods, etc. or trades goods, etc. using a multi-level similar organization.