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(영문) 대법원 2018.09.13 2018도9122
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court found the Defendant guilty of violating the Act on Door-to-Door Sales, Etc. among the revised facts charged in the instant case, and found the Defendant not guilty of the fraud part, which is the primary facts charged, as in the first instance trial, on the ground that there is no proof of crime, and found the Defendant guilty

The judgment below

Examining the reasoning in light of the relevant legal principles and duly admitted evidence, the lower court’s aforementioned determination is justifiable.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of facts beyond the bounds of the principle of free evaluation in violation of logical and empirical rules, or in the misapprehension of legal principles as to the interpretation of the "multi-level marketing organization or any other similar person who has joined a stage" under the Act on Door-to-Door Sales, Etc. and the "use" of the said organization, as alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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