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(영문) 대법원 2018.07.20 2018도6541
사기등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment’s appeal in light of the record, we affirm the lower court’s finding the Defendants not guilty of any violation of the Act on Door-to-Door Sales, etc. due to fraud and the Imposition of Burden on Door-to-Door Sales on Multi-Stage Sales or Door-to-Door Sales, etc. (hereinafter “Door-to-Door Sales Act”)

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal doctrine regarding deception of fraud, deception of multi-level sales salesperson or person who intends to become a sponsor, or acts to impose a burden on multi-level sales salesperson or door-to-door sales salesperson, or by exceeding the bounds of the principle of free evaluation in violation

On the other hand, the prosecutor appealed the guilty portion of the judgment of the court below, but does not indicate the grounds of appeal as to this part of the appeal and the reasons of appeal.

2. Examining the reasoning of the lower judgment in light of the evidence duly admitted, it is justifiable to find the Defendants guilty of violating the Act on Door-to-Door Sales through Multi-Stage Sales without Registration among the facts charged against the Defendants and of violating the Cosmetics Act.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on the establishment of multi-level marketing, the exercise of the right to name, and unfair labeling as stipulated in Article 13 of the Cosmetics Act, joint principal offenders, changes in indictment, and the guarantee

3. 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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