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(영문) 서울중앙지방법원 2017.09.20 2017고정1596
방문판매등에관한법률위반
Text

Defendant shall be punished by a fine of 20 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

C is the representative director of E Co., Ltd. (hereinafter referred to as “E”), a door-to-door seller under subparagraph 202 of the Gangnam-gu Seoul building and the non-dong branch floor, and Defendant A, as the actual operator of the above E, has overall control over the overall affairs such as fund management, etc., and F has conspired to engage in the door-to-door sales business without reporting to the competent government agency after having decided to take charge of the business explanation, etc. in the above E.

According to the above public invitation, the Defendant did not report to the competent authority from August 21, 2015 to October 2015, the Defendant: (a) opened a store at the Gangnam-gu Seoul Metropolitan Government G, the first floor H restaurant, which is not a place registered as the foregoing E business establishment; and (b) induced many unspecified persons, such as I to the said store; (c) against them, the Defendant provided a statement of the business that “I would like to purchase rice less than 1.65 million won to create and sell a rice station; (d) the members who pay 1.65 million won of rice station will give 1,000 won of rice station with the right of a board and receive high profits; and (e) sold rice station water and received KRW 19,475 million of the total sales price of rice station water over 125 times.”

Accordingly, the Defendant, in collusion with C and F, did not report to the competent authorities as above and recommended consumers at a place other than the place of business to receive a contract offer or sell goods or services by concluding a contract.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the defendant, C, or F;

1. Each police statement made with respect to J, I,K, L, M, and N;

1. Application of Acts and subordinate statutes to the materials describing the business (O), business agreement, list of participants in an explanatory meeting for the business, copy of business registration certificate, inquiry of credit card sales data, and statistical data on the current status of purchase and sale;

1. Article 62 Subparag. 1 and Article 5(1) of the Act on Door-to-Door Sales, etc. for the Fact of crime, and Article 30 of the Criminal Act;

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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