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(영문) 대법원 2013.09.12 2013도6680
방문판매등에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Based on the circumstances indicated in its reasoning, the lower court determined as follows: (a) on the ground that the Plaintiff’s act constitutes a multi-level marketing organization under Article 2 subparag. 5 of the former Door-to-Door Sales, etc. Act (amended by Act No. 11324, Feb. 17, 2012; hereinafter “the Door-to-Door Sales Act”); (b) in order to become a multi-level marketing position, the total sales of its class members should be at least one million PV (3 million won) for three months; and (c) ultimately, the lower court determined that the act of having 25,631 members, such as BC, etc. purchase approximately KRW 137.6 billion in total on 27,744 occasions as indicated in the list of crimes in the judgment of the first instance constitutes an act prohibiting Article 22(1) of the former Door-to-Door Sales Act, on the ground that Article 22(1) of the former Door-to-Door Sales Act imposes an excessive burden on the prospective multi-level salesman

Furthermore, based on the circumstances stated in its reasoning, the lower court determined that Defendant A committed the instant crime in collusion with the remaining Defendant, etc.

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there are no errors in finding facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules, or in misapprehending the legal principles on joint principal offenders and the principle of trial of evidence, or in finding the evidence submitted by the defense counsel as evidence of guilt against the rules of evidence or the rules of exclusion of illegally obtained evidence.

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

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