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(영문) 서울서부지방법원 2019.07.11 2018노1645
방문판매등에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The court below found the Defendants guilty of running multi-level marketing business without registration among the facts charged against the Defendants and acquitted the Defendants on the imposition of a duty to purchase goods. The Defendants appealed only for the guilty portion, and the acquittal portion was finalized as it was without filing an appeal.

Therefore, the scope of the court's judgment is limited to the multi-level marketing business without registration.

2. The sentence of the lower court against the Defendants on the summary of the grounds of appeal (a fine of KRW 8 million, Defendant B, and C: each fine of KRW 4 million) is too unreasonable.

3. The Defendants appear to have an attitude to accept and reflect all the crimes of this case from the court below.

On the other hand, comprehensively taking account of the fact that the Defendants were sentenced to a fine of one time for the same crime as the instant case, the Defendants’ age, career, the background leading up to the Defendants’ participation in the instant crime, the period of participation, the degree of participation, the role in charge, the amount of benefits received, the branch’s sales and profit amount, and the punishment imposed on the accomplices in the instant case, or other similar cases, including equity of punishment, the sentence imposed by the lower court against the Defendants is too unreasonable.

Therefore, the Defendants’ assertion of unreasonable sentencing is without merit.

4. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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