A. The Defendant was unaware of the fact that multi-level marketing salesperson D solicited E to purchase goods of at least KRW 50,000.

In order to prevent the violation of multi-level marketing salespersons, the defendant has fulfilled considerable care and supervision over the relevant business, so it shall be exempted pursuant to the proviso of Article 65 (1) of the Door-to-Door Sales Act.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts, Article 22(1) of the Door-to-Door Sales, etc. Act applies to the facts charged in this case. The content of the above provision is that “the multi-level marketing business entity shall not have a prospective multi-level marketing salesperson or a multi-level marketing salesperson bear any burden exceeding the level prescribed by Presidential Decree (50,000 won) on the condition of applying the criteria for registration, maintenance of qualifications, or payment of bonuses in favor of the multi-level marketing salesperson. According to the above provision, a multi-level marketing business entity shall not impose any conditions or impose any burden on the registration of multi-level marketing salespersons, demand that its purchase amount be exceeded a certain amount in order to reach the stage of reaching the stage of receiving the bonus. Meanwhile, if a multi-level marketing business entity itself is qualified to purchase goods as its members if it is not supported by the multi-level marketing business entity by soliciting subordinate multi-level marketing salespersons, it shall not be deemed that the multi-level marketing salesperson under the Door-to-Door Sales, etc. Act (see, e.g., Supreme Court Decision 2006Do7470).).