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(영문) 서울중앙지방법원 2018.05.17 2018고단1353
방문판매등에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person who violates the Act on Door-to-Door Sales, etc. shall open, manage or operate a multi-level marketing organization without being registered with the Fair Trade Commission or the competent Mayor/Do Governor;

Nevertheless, the defendant, as the representative director of the Dispute Resolution Co., Ltd., is not registered as a multi-level marketing organization with the Fair Trade Commission or the competent Mayor/Do governor around July 7, 2015, as the head of the team in charge of D, F, G, H, I, J, K, and office management in charge of the recruitment and management of sales clerks, and as the representative director of the Dispute Resolution Co., Ltd., without registering the multi-level marketing organization at the office of the Dispute Resolution Co., Ltd., in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, with the office of the Dispute Resolution Co., Ltd. on July 7, 2015. The defendant supplied a large number of unspecified persons with bad health food whose sales price is 1/5 of the sales price, and the immediate upper-level salesperson is paid 7% of the sales price purchased by subordinate salespersons, and the above upper-level salesperson is paid 2,500,000 won and KRW 300,000,00 won.

“In the form of a multi-level organization in three or more stages, which is linked in order to a business director- the team head - the above sales sub-sales force,” and by using the organization, sold to the victim N goods worth KRW 14 million, including selling 30,000,000 from August 5, 2015 to October 5, 2016, goods equivalent to KRW 285,000 from August 5, 2015 to October 5, 2016, are sold.

Accordingly, the Defendant, in collusion with D, E, F, G, H, I, J, K, and L, operated a non-registered multi-level marketing organization.

2. The Defendant, along with the aforementioned business directors D and team leader, joined the sales force and purchased goods from August 5, 2015 to October 5, 2016, with the victim N et al. from August 5, 2015 to October 5, 2016.

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