The meaning of "not less than three stages of salespersons who have joined a sales organization" under Article 2 subparagraph 5 of the Door-to-Door Sales, etc. Act.

For the purpose of Article 2 subparagraph 5 of the Door-to-Door Sales, etc. Act, "not less than three stages of salesman who has joined a sales organization" means that a salesman is admitted to a sales organization and his assistant salesman is admitted to a sales organization by not less than three stages of multi-stage salesman, but it is reasonable to view that a salesman has been admitted to a sales organization and has not less than three stages of salesman by joining another sales organization as an assistant salesman.

Article 2 subparagraph 5 of the Door-to-Door Sales, etc. Act, Article 2 (1) of the Enforcement Decree of the Door-to-Door Sales, etc. Act, Article 5 (1) of the

Defendant 1 and two others

New Senior Superintendent;

Attorney Hah Ho-su et al.

Defendants shall be punished by imprisonment for up to eight months.

The number of detention days prior to the issuance of this judgment shall be 106 days each included in the above sentence against the Defendants.

The Defendants are acquitted from violation of the Door-to-Door Sales, etc. Act among the facts charged in this case.

Punishment of the crime

Defendant 1 was sentenced to three years of imprisonment with prison labor for violating the Door-to-Door Sales, etc. Act at the Busan High Court on March 22, 2000, and was reinstated in the racing prison on August 7, 2002, and the execution of the sentence was completed on August 7, 2002, and the representative director of Yellow Ginseng Co., Ltd. (hereinafter referred to as the “Yeksan”), Defendant 2 was in charge of the accounting and management of the above company, and Defendant 3 was the goods sales instructor of the Yellow country.

The Defendants conspired to:

1.Without reporting to an administrative agency on distribution and sale of food:

From June 2004 to July 14, 200 of the same year, at the office of 'Yriju' in Yongsan-gu, Seoul, Yongsan-gu, Seoul, 737-28, the facts are not containing yellow powder ingredients, and only red ginseng ingredients are included in red ginseng ingredients and products are 8,500 won per 1 gambling, and the product is 100 yellow ginseng, which is only 8,500 won per food ingredients, supplied red ginseng ingredients to the Hyundai FECS, Inc., Ltd., the 100 yellow ginseng manufactured by the above company, as if it were products containing yellow ginseng ingredients, and as if it were products containing yellow ginseng ingredients, '100 yellow ginseng' manufactured by the above company, '70,000 won per 70,000 won per 1 gambling, and the product is 5,800,000,000 won per 1 gambling, and sales business is specialized in distribution.

2. For non-pharmaceuticals, any indication or advertisement which might lead to misunderstanding that they have the efficacy, efficacy, or effect of pharmaceutical products on their containers, packages, or appended notes shall not be made, despite the fact that they are not pharmaceutical products,

From January 1 of the same year to July 14 of the same year, in the office of Yellow Ginseng, the advertisement was made to the effect that ‘Yek ginseng' and ‘Yek ginseng 100' have efficacy and effect on the growth suppression of cancer cells, prevention of the outbreak of cancer, the expansion of blood control, strengthening of sexual functions, high blood pressure, and stroke, etc., and the advertisement was made to the effect that simple food would be misunderstood as having efficacy and effect as having medicinal efficacy and effect.

Summary of Evidence

1. Defendants’ respective statements in this Court

1. Statement in this Court of Justice on the witness Kim Jong-chul;

1. Each statement made by each prosecutor of the prosecution in relation to Kim Young-young, the biggest, the column of Kim Jong-hee, and the Ouk-hee;

1. Each entry into the camera (40 pages) and packaging papers (50 pages) bound in the investigation records; and

1. The detailed statement of sales management bound in investigation records (the pages 167, 696), the detailed statement of sales management (the pages 350), the list of members and the copy of the written application for purchase (the pages 771); and

1. Entry of the investigation report (including a copy of the judgment attached, face value No. 202 of the investigation records, and a copy of the attached investigation records);

Application of Statutes

1. Relevant legal provisions concerning criminal facts;

Article 77 subparagraph 1 of the Food Sanitation Act, Article 22 (5) (1) of the Food Sanitation Act, Article 74 (1) 1 of the Pharmaceutical Affairs Act, Article 55 (2) (2) of the Pharmaceutical Affairs Act, Article 30 of the Criminal Act: Selection of imprisonment, respectively.

1. Aggravation of repeated crimes;

Article 35 of the Criminal Act: Defendant 1

1. Aggravation of concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act: Defendants

1. Calculation of days of detention;

Article 57 of the Criminal Act: Defendants

Judgment on the acquittal

1. Of the facts charged in the instant case, the summary of violation of the Door-to-Door Sales Act

In collusion with the Defendants,

(a)the administrative authority does not register multi-level marketing business;

From January 2004 to July 14, 200 of the same year, the company's multilevel salesman is admitted to the company's multilevel salesman on the condition that the consumers purchase 350,000 won or more of the company's "Yelri ginseng" and 100 won, and if the multilevel salesman purchases the above product in an amount equal to the same amount, he is admitted to the multilevel salesman, and if the multilevel salesman recruits two assistant multilevel salesman are recruited in the same way and the assistant salesman purchases the above product, he is admitted to the multilevel salesman, and if the assistant salesman purchases the above product, he is admitted to the multilevel salesman, he is admitted to the multilevel salesman, and he is admitted to the multilevel salesman and has the assistant salesman purchase the above product in order to recruit the assistant multilevel salesman by establishing and operating the multilevel sales organization, such as building of the allowance payment system in accordance with the sales of the product at each stage, and thereafter, he has the non-indicted 1,000 won purchased the above product as above and sold the product by 000.

(b) A multi-level marketing entity shall not commit an act of imposing a burden on a person who wishes to be a multi-level marketing salesperson or multi-level marketing salesperson, regardless of its name and form such as subscription fees;

At the time, place, as described in the preceding paragraph, the act of having 929 persons join the "Yeul ginseng" or "Yeul ginseng 1000" as multi-stage salesman on the condition of purchasing 350,000 won and having them bear the burden on those who want to become multi-stage salesman.

2. Article 2 subparag. 5 of the Door-to-Door Sales Act provides that "this refers to the sale of goods, etc. through a multi-stage sales organization (including sales organizations, as prescribed by the Presidential Decree, in which such organization is actually managed and operated as three or more stages of sales) in which a specific person is admitted as a salesperson by stages (referring to cases where a specific person is admitted as a salesperson by stages of sales) after he/she is solicited as a salesperson to acquire certain benefits by stages of sales from the multi-stage sales; and Article 2 subparag. 5 of the Multi-stage Sales Act provides that "this shall include cases where a person is admitted as a three or more stages of sales from the third or more stages of sales from the third or more stages of sales from the third or more stages of sales from the third or more stages of sales from the third or more stages of sales from the third or more stages of sales from the third or more salespersons; and it shall be deemed that the same or more stages of sales from the third or more stages of sales from the third or more salespersons's sales from the same stage of sales from the third or more salespersons."

However, according to each of the evidence and investigation records, if he purchased yellow ginseng products of at least 350,000 won to yellow ginseng or its subordinate salesman(s) and sells yellow ginseng products of at least 700,000 won to consumers or its subordinate salesman(s) in accordance with the sales performance (the same shall apply to the purchase by the relevant subordinate salesman). In addition to the payment of the attendance allowance of at least 40,000 through 4,60,000 won according to the prescribed supply according to the prescribed supply, it is separate from the attendance allowance of at least 2,10,000 won and the payment of the allowance of at least 2,10,000 won to the consumers or its assistant salesmen, and the above payment of the allowance of at least 2,10,000 won to the relevant assistant salesman is made to the pertinent assistant salesman(s). On the other hand, even if the assistant salesman purchases it, he is entitled to receive at least 20,500,000 won from the relevant assistant salesman(s).

In order to receive management assignment according to the sales performance of assistant multi-stage salesmen, even if the assistant multi-stage salesmen are forced to recruit their assistant multi-stage salesmen in order to receive management assignment according to the sales performance of assistant multi-stage salesmen, as seen above, inasmuch as the assistant multi-stage salesmen are only paid management assignment according to the sales performance of assistant multi-stage salesmen directly recruited by the assistant multi-stage salesmen and do not gain any benefit from other assistant multi-stage salesmen that have been recruited by the assistant multi-stage salesmen, in order, regardless of the sales performance of other assistant multi-stage multi-stage salesmen, the assistant multi-stage salesmen can not be deemed to fall under Article 2 of the same Act in addition to the assistant multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-stage multi-

3. Therefore, since the facts charged on the premise that yellow ginseng sales organization is a multi-level sales organization as prescribed by the same Act, each of the above facts charged constitutes a case where there is no proof of criminal facts, the judgment of not guilty under Article 325 of the Criminal Procedure Act

Judges Dok-han