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(영문) 서울중앙지방법원 2011.01.13 2010노2463
방문판매등에관한법률위반 등
Text

The judgment below

Part of the violation of the Door-to-Door Sales Act, etc. against Defendant A and F.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, F Co., Ltd. (1) and misunderstanding of the legal principles (A) established or acquired by Defendant A to run multi-level marketing business, both Q, S Co., Ltd. (hereinafter “S”), and T Co., Ltd. (hereinafter “T”) and F Co., Ltd. (hereinafter “F”), and Defendant A operated multi-level marketing business only in the name of F and T with left as document companies. Defendant A operated multi-level marketing business under the name of Q and C while left as document companies. Defendant A only changed only the trade name of X (hereinafter “X”) that completed the multi-level marketing registration on November 8, 2006.

Therefore, even if Defendant A opened and operated multi-level marketing business in the name of F, it cannot be deemed that Defendant A opened and operated a multi-level marketing organization without registering it. Therefore, the judgment below convicting Defendant A of this part of the judgment below is erroneous by misapprehending the legal principles or by misapprehending the legal principles.

(B) The purchase of goods worth KRW 265,00 is not a requirement for becoming F and T members, but merely a requirement for receiving bonuses and recommendation allowances through a company’s compensation franchise. Defendant A and F did not impose an annual burden of KRW 50,000 or more, including the purchase of excessive goods, on condition of the registration or maintenance of qualification of multi-level marketing salespersons, but did not err by misapprehending the legal principles or by misapprehending the legal principles.

(2) The sentence imposed by the lower court on the sentence of unfair sentencing (Defendant A: one year of a suspended sentence of imprisonment; two years of a suspended sentence of imprisonment; and Defendant F: fine of ten million won) is too unreasonable.

B. As to the non-guilty part on the violation of the Door-to-Door Sales, etc. Act due to the establishment and operation of a multi-level marketing organization after July 10, 2008, the prosecutor (1) misjudgments and misapprehension of legal principles against Defendant A, Defendant A’s T acceptance.

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