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(영문) 서울남부지방법원 2019.05.15 2018고단2036
방문판매등에관한법률위반
Text

Defendant

A Imprisonment with prison labor of two years and six months, Defendant C and B shall be punished by imprisonment with prison labor of one year and six months, and Defendant D shall be punished by imprisonment with prison labor of eight months.

Reasons

Punishment of the crime

1. Defendant A is the head of the headquarters in charge of the investment attraction of investors belonging to the Fho Lake branch of the building 13 in Yeongdeungpo-gu Seoul, Seoul, and the management of subordinate investors belonging to the branch office.

No one shall conduct any financial transaction without any transaction of goods, etc., or actually conduct any financial transaction by pretending any transaction of goods, etc. using a multi-stage organization or any similar organization that is comprised of persons who have joined a multi-stage group.

Nevertheless, H, in buildings I, F offices in the 23th floor, and 18 branch offices in Seoul Metropolitan Government, according to the investment attraction performance by each branch office, the branch office head shall be the head of the headquarters, and the head of the headquarters shall have a multi-level business organization consisting of the branch office head, the head of the headquarters, and the team leader, such as appointment of the team leader, part of the investors retained by H, and the head of each branch office shall pay 5-7% of the monthly investment attraction to the head of each branch office the remainder of the restrictions on dividends to be paid to investors.

From February 3, 2014 to August 11, 2016, the Defendant used the aforementioned multi-level sales organization as the head of Hosung Branch Headquarters among the said 18 branches, and received KRW 21,097,000,000,000 from investors, the sum of the investment amounts of KRW 21,097,00,000,00,00,000, from investors, by stating that “The FX M&D business is operated by H, such as FX M&C brokerage business. When investing in H’s business, the profits shall be guaranteed by 1-10% every month, and the principal shall be returned after one year.”

As a result, the Defendant conspired with H, etc. to trade money without trading goods, etc. or to pretend to trade goods, etc. using a multi-level similar organization.

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