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(영문) 서울동부지방법원 2014.10.02 2014노808

방문판매등에관한법률위반

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for ten months and by a fine of ten thousand won.

The defendants are the defendants.

Reasons

1. The sentencing of the court below (the sentencing of the defendants: one and half years of imprisonment for each of the defendants and fine of twenty million won) is too unreasonable.

2. The crime of this case was committed by the Defendants to induce 105 victims to enter into a training camp and contract with 105 victims by inducing them to enter into a multi-level company with no social experience, inducing them to enter into a false and exaggerated education camp, and inducing them to purchase goods worth a total of 19.2 billion won on the condition of registration, which is disadvantageous to the Defendants, but the Defendants have significant criminal records; however, the Defendants have recognized and cooperated with their mistakes from the beginning of the investigation to the core of the trial, and did not repeat again. In the first instance, the Defendants agreed additionally with some of the victims, and the degree of participation with other accomplices (the head of the education center) whose judgment has become final and conclusive (the cases of damage to the center that the Defendants had been the head of the education center were smaller than other centers, and the Defendants were relatively less likely to suffer from the economic motive and behavior of the head of the education center, as a result of the crime of this case, and the Defendants were relatively less likely to suffer from the economic motive and behavior of the head of the education center.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is again decided as follows.

Criminal facts

The summary of the evidence and facts constituting the crime recognized by the court and the summary of the evidence.