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(영문) 서울남부지방법원 2012.10.12 2012고합107
배임수재등
Text

Defendant

A Imprisonment, in 10 months, Defendant B shall be punished by a fine of 5,00,00 won, Defendant C shall be punished by imprisonment for six months, and Defendant D shall be punished by a fine.

Reasons

Punishment of the crime

1. Defendant A

A. The Defendant violated the Door-to-Door Sales, etc. Act was an officer or employee of the multi-level marketing business entity who worked as the Korean branch office of K Co., Ltd. (hereinafter “K”) who was a multi-level door-to-door sales business entity with the third floor of J building in Gangnam-gu, Seoul from May 1, 2008 to April 30, 2010

On May 27, 2009, at around 04:25, the Defendant registered the sales code M under the name of L put by the above K office, registered the sales code P under the name of N, a mother-friendly L, registered the sales code P under the above L’s name. From July 27, 2009 to September 27, 2010, the Defendant received payment of KRW 297,357,872 as shown in [Attachment Table 1] from July 27, 2009 to September 27, 2010, and actually registered the Defendant as multi-level marketing salesperson.

As a result, the Defendant registered himself as multi-level marketing salesperson, who is an officer or employee of multi-level marketing organization.

B. The Defendant, while working as the head of the above K's branch, was in charge of the determination of the establishment of a nationwide store, the examination of burial, and the contract for interior works.

(1) On September 9, 2009, the Defendant received KRW 2,00,000 from September 9, 2009 to November 10, 2009, a total of KRW 16,000,000 from September 2009 to November 3, 2009, in response to the Defendant’s solicitation that the store interior interior interior interior interior decoration construction is ordered to do so, and in return, the Defendant received transfer of KRW 2,00,000 to the national bank account in the name of the Defendant, from September 9, 2009 to November 10, 2009.

As a result, the defendant acquired property in return for an illegal solicitation as to his duties as a person who administers another's business.

B. On June 18, 2009, the Defendant: (a) received the request from C that he will perform the sales interior interior interior interior interior decoration construction from Gwangju Mine-gu R; and (b) received the request, the Defendant sent the sales interior interior decoration construction to the account in the name of L, the Defendant’s attached in return.

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