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(영문) 수원지방법원 2017.07.06 2017노820

방문판매등에관한법률위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (eight million won in penalty) is too unfluent and unfair.

2. The act of operating a multi-level marketing organization and the act of receiving similar goods, such as the instant crime, are deemed to be very poor to commit the crime due to its serious social harm, such as inducing many and unspecified persons to make investments by pretending to a high yield, and inducing many investors to suffer large investments during a short period of time.

The Defendant appears to have never participated in the instant crime as the so-called “total board,” and was not smaller than the amount of the commission of the instant crime by receiving approximately KRW 870,000,000 from the victims on 101 occasions.

However, in full view of the following factors: (a) the Defendant recognized his mistake as a whole; (b) the primary offender; (c) re-investment of the considerable portion of the profits acquired by similar reception; and (d) the Defendant appears to have gained substantial profits by the Defendant; and (c) other factors of sentencing as indicated in the records of this case, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime; and (d) other factors of sentencing as indicated in the records of this case, the Prosecutor’s assertion is without merit

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.