특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for six years.
Defendant
B, C, D, E.
1. Summary of grounds for appeal;
A. The defendants A, B, C, D, F, and G A)'s common master plan: The defendants violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Door-to-Door Sales, etc. by means of deception and fraud, and the Act on Door-to-Door Sales, Etc. by means of inducing transactions using deceptive methods (hereinafter "S"), and did not have any deception, but did not explain that they would be paid more than the sales amount to the salespersons, and the court below found the defendants guilty of this part of the facts charged, even though they had the ability to pay the bonuses to the victims due to good financial standing.
B) Defendant A: (a) as to the violation of the Door-to-Door Sales Act due to the excess of the bonus payment ratio, S had the annual bonus payment rate within 35% through lawful return; and (b) even if not, the former Door-to-Door Sales Act (amended by Act No. 11324, Feb. 17, 2012; hereinafter “former Door-to-Door Sales Act”).
(C) According to the judgment of the court below which found Defendant D guilty of this part of the facts charged even before August 18, 2012, although S is not a multi-level marketing business entity, there is an error of law by misunderstanding the facts or misunderstanding the legal principles, which found Defendant D guilty of this part of the facts charged. Defendant D merely took charge of financial and accounting affairs as directors of S, and did not take part in other Defendants’ act of violating the Door-to-Door Sales Act by deception or deceptive method. Defendant F was erroneous in the judgment of the court below which recognized Defendant as a co-principal. The Defendant F was not involved in the management of the company, unlike Defendant A, but did not take part in the management of the company, and was demoted or explained to the salesperson by marketing franchise as determined by the superior sales company, and was merely demoted