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(영문) 의정부지방법원 2017.05.18 2016노3568
방문판매등에관한법률위반등
Text

The judgment below

Part concerning Defendant A and B shall be reversed, respectively.

Defendant

A and B shall be punished by imprisonment for one year and four months.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court to Defendant A (a year and eight months of imprisonment, confiscation) is too unreasonable.

B. The punishment sentenced by the lower court to Defendant B (a year and four months of imprisonment, confiscation) is too unreasonable.

(c)

Defendant

C1) As to the violation of the Act on Door-to-Door Sales, Etc., a misunderstanding of the facts and misapprehension of the legal principles, Defendant C, while operating an O travel company, received KRW 15,00 per person from consumers who want to run shopping, and sold a package tour product. As such, Defendant C was engaged in soliciting consumers by using deceptive methods.

shall not be deemed to exist.

In other words, as stipulated in Article 3 subparagraph 2 of the Enforcement Rule of the Door-to-Door Sales Act, Defendant C did not induce customers to place a place of business on the ground that it conceals the purpose of selling the main goods, etc. and provided free salt of other goods, etc.

Thus, Defendant C did not sell door-to-door sales, and the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles.

B) As to the violation of the Food Sanitation Act, Defendant C was unaware of what kind of sales was done by Defendant B, and there was no conspiracy between Defendant B and Defendant B to commit a violation of the Food Sanitation Act.

Therefore, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of facts and legal principles.

2) In regard to the punishment sentenced by the lower court to Defendant C (as stated in the list of offenses Nos. 9, 34, 35, and 36 among the crimes No. 3-1 of the judgment of the lower court as indicated in the judgment, crimes No. 48, 49, and 50 listed in the list of offenses Nos. 3-2 of the crimes, and crimes Nos. 1 through 4, 23 through 29, 32 through 38 of the list of offenses set forth in the annexed Table No. 3-3 of the crimes: Imprisonment for 2 months, suspension of execution for one year, and for the remaining crimes set forth in the judgment of the lower court against Defendant C: Imprisonment for 1 year and 4 months, and confiscation) is too unreasonable.

(d)

Defendant

D1) Defendant D violated the Act on Door-to-Door Sales, Etc., Defendant A, B, and Door-to-Door Sales, Etc.

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