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(영문) 서울중앙지방법원 2019.07.11 2019노809

방문판매등에관한법률위반

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Of the convictions of the lower judgment, the part concerning Defendant A, C, D, E, F, and G shall be reversed.

The facts charged of this case.

Reasons

1. Summary of the grounds for appeal (misunderstanding of legal principles or factual errors);

A. Defendants 1) International Co., Ltd. (hereinafter “I”)

2) A multi-level marketing salesperson or multi-level marketing salesperson may not be deemed to have imposed an annual burden of at least 50,000 won on a person who intends to be a multi-level marketing salesperson or multi-level marketing salesperson, subject to the application of the standards for payment of support allowances in favor of registration, qualification maintenance, or favorable support allowances. 2) Even if it is deemed that the Defendants, who are only a multi-level marketing salesperson, had a multi-level marketing salesperson bear an annual burden of at least 50,00 won on a person who intends to be a multi

B. According to the evidence submitted by the prosecutor, it is recognized that the Defendants conspired to make a false or exaggerated transaction with N, etc. by notifying false or exaggerated facts or using deceptive means.

2. Judgment on the Defendants’ assertion

A. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, it is reasonable to view that the first person who intends to become a multi-level marketing salesperson or multi-level marketing salesperson, or multi-level marketing salesperson, has a burden of at least KRW 50,00 per year on the condition that the support allowance payment criteria are applied to a person who intends to become a multi-level marketing salesperson or a multi-level marketing salesperson, and thus, the Defendants’ assertion on this part is without merit.

1) The structure of the position structure and bonus payment structure of the multi-level marketing salesperson of I is as follows (Evidence Nos. 3, 1656 through 1670 of evidence records). A) In the case of 2015, a multi-level marketing salesperson's position classification standard for multi-level marketing salesperson's class classification is the maximum performance among the performance records for each multi-level marketing salesperson's class performance sub-leveld sub-groups in the second business closure.