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The defendant shall be innocent.
Reasons
From July 2009 to June 2010, the Defendant: (a) as a manager of “C company” as a multi-level marketing business entity for the sale of travel goods from around July 2009 to around June 201, the Defendant: (b) without registering with the competent authority; (c) as a member of the Defendant’s office located in “C company”; (d) purchased travel goods handled by the said company at KRW 390,000 per unit to an unspecified number of investors; and (e) as a member of the said multi-level marketing business; and (e) as a member of the said multi-level marketing business entity upon the recommendation of the principal or other members, upon recruitment of 14 members in his subordinate group, he received USD 500 as an allowance; (e) received USD 10,00 as an allowance; and (e) subsequently, opened a multi-level marketing organization in excess of the class of “Damond” and “M in excess of the class of 390,000,00 among the members.
However, the facts charged in this case are that the defendant established, managed, or operated a multi-level marketing organization without being registered.
The Act on Door-to-Door Sales, Etc. provides that the subject subject to registration of multi-level marketing business shall be "multi-level marketing business operator".
However, even according to the facts charged in the instant case, the Defendant is a local manager of a multi-level marketing business, and cannot be viewed as a multi-level marketing business entity itself. Furthermore, there is no evidence to acknowledge that the Defendant constitutes a multi-level marketing business entity under
Thus, the facts charged of this case constitute a crime or a case where there is no proof of a crime, and thus, it is not guilty under the former or latter part of Article 325 of the Criminal Procedure Act.