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(영문) 대전지방법원 2013.03.28 2012고단3231

방문판매등에관한법률위반

Text

Defendant

A Imprisonment with prison labor for ten months, for six months, for six months, and for eight months, for Defendant C, respectively.

(b).

Reasons

Punishment of the crime

1. All of the Defendants A and C conspired with F and G, Defendant A, a representative director, takes charge of the business affairs of the Company as a representative director, Defendant C is in charge of recruitment and education as a sales director, F is in charge of sales and fund management as a general manager, G was decided to take charge of the development of the Company’s business marketing program and education of its members, and then established a multi-level marketing business entity called Daejeon-gu H Co., Ltd. on May 25, 2010.

On June 2010, I became a chief of the computer office of the above company to manage the list of salespersons and the details of payment of allowances.

Defendant

A, G, and I retired from the above company on August 9, 2010, and F changed the trade name of “H” corporation to “J” corporation and was appointed as the representative director.

After that, around August 10, 2010, Defendant B entered as a general director of the J's "J" corporation and took charge of the management of the sales ledger and branch office. On August 13, 2010, K entered as the head of the electronic data processing office and managed the list of sales salespersons and the details of payment of allowances. L entered around August 2010 and entered as a member of L in charge of account books and tax management.

2. The Defendants A and C shared criminal conduct share their respective roles as indicated in F, G, I, and paragraphs (1) and the same year from May 25, 2010 without registering multi-level marketing to the competent authorities.

8. By September 8, 200, consumers subscribed to the above company's multi-stage salesmen on the condition that consumers purchase 600,000,000 won or more at the office of the Daejeon Jung-gu H Co., Ltd., and the "H" sold by the said company's multi-stage salesmen. If the multi-stage salesmen recruited two assistant multi-stage salesmen and let them purchase the above product in excess of the same amount, they are admitted as assistant multi-stage salesmen, and if the subordinate salespersons recruited two assistant multi-stage salesmen in the same manner and bought the above product, they are admitted as assistant multi-stage salesmen again.