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(영문) 수원지방법원 2018.04.11 2017고단8538
방문판매등에관한법률위반
Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated a visiting sales business in the name of "C" from the Suwon-si, Suwon-si B and the second floor.

No visiting seller, etc. shall inform false or exaggerated facts, induce or trade with consumers by using deceptive means, or interfere with the withdrawal of subscription or termination of a contract.

Nevertheless, around June 15, 2017, the Defendant introduced the victim D (n, 72 years of age) to be good products; sold at KRW 50,000,00 of the cost to KRW 50,000, and received 500,000 from the victim under the pretext of value added tax; and returned the remainder to the victim under the pretext of value added tax after deducting KRW 5,00,000 from the victim’s purchase price; and continued to sell over 10,000, KRW 50,000, KRW 300,000 from the sale price of 10,000 in the above method; and then, after receiving the sales price from the victim by returning the remainder other than value added tax, the Defendant received the remainder of the purchase price from 0,000,000 won from 0,0000 won, 60,000,0000 won from 20,70,000,000 won from 20.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Seizure records;

1. Application of Acts and subordinate statutes to report internal investigation (E, F, G, and H telephone investigation);

1. Article 61 (1) 1 and Article 11 (1) 2 of the Act on the Door-to-Door Sales, etc. through which Criminal Proceeds are applicable and the Door-to-Door Sales, etc. through which Criminal Proceeds are selected (to be sentenced to imprisonment);

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.

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