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(영문) 서울중앙지방법원 2018.03.15 2017고단8947
방문판매등에관한법률위반
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

D (D, hereinafter referred to as “D”) which is an illegal multi-level fraud company was based on the virtual currency of Bitcoin, i.e., a computerized virtual currency (E) against many and unspecified individuals, as the end of “E” (F) and as the virtual currency made by G.

One does not change at all according to exchange rate, unlike bitcos;

It is a multi-level financial company that receives investment funds, such as purchase cost.

G (N) The G (L) shall exercise overall control over the management of investment funds and other business affairs as the D Chairperson; H (L) shall play overall control of the headquarters that exercises overall control over the name "I", which is a multi-stage sales management computer system, such as investment funds and payment of allowances, etc.; J (N) plans marketing franchise, such as the organization of sales organization, allowances structure, etc., as a representative business operator (one business operator) and implements each center visit to encourage the head of each center to instruct its business and sell its sales; and the Defendant recruits investors as the general business operator of the foregoing D around December 12, 2015; around May 3, 2016, the head of the Seocho-gu Seoul Center for the registration of K as the center, and the head of the center for the management of its members and the invitation of investors.

No one shall engage in any financial transaction without any transaction of goods, etc., or actually engage in financial transaction by pretending the transaction of goods, etc. through a multi-level marketing organization or any similar organization that is comprised of persons by stages.

Nevertheless, G, etc., in collusion for the sale of E in a successive manner from October 18, 2015 to October 1, 2016, by inviting investors to many and unspecified people in each center, etc., and, to many and unspecified people, “130,000 won in their own name (100,000 won as the base amount for the payment of allowances), 390,000 won (30,000 won as the base amount for the payment of allowances), 1.3 million won (1,00,000 won as the base amount for the payment of allowances), 3.9 million won (3 million won as the base amount for the payment of allowances), and 6.5 million won (5 million won as the base amount for the payment of allowances).

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