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(영문) 서울중앙지방법원 2013.04.18 2011고단6088
사기등
Text

Defendant

A shall be punished by a fine of KRW 10,000,000.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A is a person who operates door-to-door sales business under the trade name of “I”.

No door-to-door or door-to-door seller, etc. shall collect any expenses, money, or other valuables in excess of the level prescribed by Presidential Decree (20,000 won a year per person) from any person who intends to become a door-to-door or door-to-door sales salesperson, regardless of the name, form, and manner of such act, such as membership fees, sales auxiliary goods, individual allotted sales, or training fees, or any condition required for becoming a door-to

Nevertheless, on September 2010, Defendant A had many and unspecified persons purchase M health foods equivalent to KRW 4,40,00 on the condition that he/she would become door-to-door sales staff at the Incheon District Center of the foregoing enterprise, which is located in the Bupyeong-gu Incheon District Office of Bupyeong-gu, Incheon, and which is located in the Incheon District Office of the Incheon District of the above enterprise. Defendant A stated that the allowances paid by door-to-door sales staff are KRW 5,20,000,000, but ex officio changed the allowances to KRW 1,200,000.

On the condition of maintaining the capacity of door-to-door salesman, M health food was re-purchaseed for at least one disease.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Entry of witnessN in the third protocol of the trial;

1. Entry of the witness's oral statement in the fourth trial record;

1. The entry of witness P and Q in each legal statement in the fifth trial record;

1. Entry of witnesses R and S in their respective legal statements in the sixth trial records;

1. The entry of a witness and T in each legal statement in the seventh trial records;

1. Entry of the witness C's legal statement in the ten-time trial records;

1. Application of the statutes governing payment of incentives for sales promotion;

1. Article 55 applicable to criminal facts: Subparagraph 2 of Article 55 of the former Door-to-Door Sales, etc. Act (amended by Act No. 11324, Feb. 17, 2012) and Article 11(1)3 of the same Act;

1. Detention at workhouse: Articles 70 and 69 of the Criminal Act;

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