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(영문) 인천지방법원 부천지원 2011.11.24 2010고단447
방문판매등에관한법률위반
Text

1. Defendant A’s imprisonment for one year, Defendant B, C, and H shall be punished by imprisonment for ten months and a fine of three million won, and Defendant D shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Defendant AB CDD E F-related criminal acts [2010dan447] Defendant A indicated that Defendant A’s representative director of Co-Defendant G Co-defendant (hereinafter “G”) on the fourth floor of the X-gu X building in Bupyeongcheon-gu, Seocheon-gu, Seoul (hereinafter “G”), Defendant B’s general manager in charge of G sales, Defendant C’s general director in charge of accounting management, etc., and Defendant DE indicated the facts charged of this part of G as “sales and goods sales instructor.”

YZAB’s statement reveals that when Defendant D and E recruit new members (under-ranking members) are recruited, it appears that Defendant D and E explained of G’s product description, sales method, etc. against each member.

However, the word “goods sales instructor” generally refers to educating many and unspecified persons of the contents of goods sales, etc., which is somewhat different from the above Defendants’ acts, and thus, it is inappropriate to conclude them as a goods sales instructor, and thus, deleted from criminal facts.

Defendant

F is a corporation established for the purpose of research, development, manufacture, and distribution of biotechnology products, the head of G prime center, and Defendant G.

Defendant

A A Any person who intends to establish, manage, and operate a multi-level marketing organization of the DD E shall register pursuant to Article 13(1) of the Door-to-Door Sales Act.

Nevertheless, without registering multi-level marketing business, the Defendants recruited multi-level marketing salespersons from July 1, 2009 to September 25, 2009, G office, etc. located in Seocheon-gu X-gu, Busan to many unspecified persons.

Defendants shall purchase AC, W, and AD sold by 'G' and join 250,000 won as its members, and shall pay KRW 200,000 when recruiting two subordinate members.

If five subordinate members are recruited as A and B, an allowance of KRW 500,000 shall be paid, and if ten subordinate members are recruited as A and B, an allowance of KRW 100,000 shall be paid.

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