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(영문) 서울중앙지방법원 2013.06.20 2013노461

방문판매등에관한법률위반등

Text

The judgment below

Defendant E, F, G, H, M, N, and Q respectively.

Defendant

F. 1.6 months of imprisonment;

Reasons

1. Summary of grounds for appeal;

A. In order to view that there was an act of receiving money without delay by Defendant A, C, B, D, L, G, H, or R, there is a mistake of facts or misapprehension of the legal doctrine, only the revenue of the money must be paid without the transaction of the goods, and the revenue of the money must be paid in the future in full or in excess of the money. AB (hereinafter “AB”) is not a violation of the Door-to-Door Sales Act (hereinafter “Door Sales Act”) since it agreed to guarantee the principal to the other party or investors or did not receive the money without the real transaction while operating the business.

(B) AB obtained the overall authorization and permission of the government on finance, real estate, multi-level marketing, etc., and the AL president believed that the business method of the above group was not an illegal act of receiving money without permission and believed that it was not an act of receiving money without permission, and thus, there was no intention to commit an act of receiving money without permission.

(2) Defendant B, D, L, F, G, H, R, T, W, and E’s degree of participation in the conduct of Defendant B’s solicitation and the crime of this case (A) is entirely explained by the direction of the chairperson of the AL et al. that the AP corporation (hereinafter “AP”) can obtain gains from the AP corporation at the time of listing stocks, and thus, it cannot be deemed that the AL et al. conspired to commit the crime of this case.

(B) Defendant D and L merely performed duties under the direction of AL, and did not know about the specific progress of the AB project. Therefore, there was no conspiracy with AL, etc. to commit the instant crime.

(C) Defendant F was seeking to establish a legitimate real estate investment trust authorized by the Ministry of Land, Transport and Maritime Affairs through a business agreement with the President of the AL around August 2010, and there was no investment presentation or investment from investors.