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(영문) 부산지방법원 2016.12.22 2016노2500

방문판매등에관한법률위반

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The defendant's appeal is dismissed.

Reasons

1. The punishment of a fine of KRW 5 million sentenced by the original judgment on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant takes the attitude of recognizing and opposing the error in the trial, and the defendant also recommended the victims as investors and salespersons, and the defendant received the investment money from the victims to transfer most of the investment money except for part of the above amount to the victims to foreign countries, so the defendant was practically unable to obtain specific benefits by the suspension of business of C, and the defendant has no other criminal power except for the part of the above amount of the investment money. However, considering the circumstances such as the fact that the defendant actively recruited assistant multi-stage salesmen by talking about the fact that he obtained the recruitment of assistant multi-stage salesmen in accordance with the business policy of C in order to obtain the distribution of assistant multi-stage salesmen, and the amount of investment to the victims amount reaches KRW 20 million, and the damage equivalent to the above investment amount has not yet been recovered, it is determined that the crime of the crime of this case and its possibility is very harsh.

Considering the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is heavy.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.