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(영문) 서울중앙지방법원 2013.11.28 2013고단6335

방문판매등에관한법률위반

Text

Defendants shall be punished by imprisonment for eight months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A “E” in the Gwanak-gu Seoul Special Metropolitan City D 3rd level is a person who actually operates a multi-level marketing enterprise that sells health assistance food, miscellaneous goods, etc., and Defendant B is a person who has made an investment in the capital of 50 million won by lending a business operator’s name, a new bank under his/her own name, and an enterprise bank account to Defendant A.

Defendants B invested capital, provide the name of the business operator, etc., and Defendant A operated multi-level marketing business in a way exclusively in charge of the business, but at the later end, Defendant A had the intention to distribute profits.

The Defendants conspired to purchase goods, such as health assistive food, and miscellaneous food, from June 2012 to August 201 of the same year, at least 30,000 won, and if a member purchases 300,000 won or more (200,000 won) or more, the Defendants are registered as regular members and may receive sales allowances from regular members. Furthermore, the member’s bonus may be paid according to his/her subordinate performance if he/she accumulated or increased the number of new members without any step-limit. The member’s major performance, including giving allowances equivalent to 20% based on 30,000,000 if he/she promised to offer various support allowances, such as sponsorers, Lonearter, Loneox, lux, lux, lux, lux, lux, lux, lux, lux, and 50,000 members recruitment and operation of members, and explained the member’s total performance of 10,000 won or more.

However, the Defendants reported the visit sales business, and did not register multi-level marketing business with the Fair Trade Commission, Metropolitan Cities, and Do Governors.