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(영문) 서울중앙지방법원 2014.02.06 2013노3607
방문판매등에관한법률위반
Text

Defendant

The judgment of the court below against A, B, and C and the judgment of the court below against Defendant D shall be reversed, respectively.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor (Defendant D) 1) misunderstanding of facts and misunderstanding of legal principles (as to the acquittal portion in the original judgment), Defendant D is an incorporated foundation I (hereinafter “I”).

In full view of the fact that Defendant D was aware that it was a multi-level marketing enterprise without registration, Defendant D’s education, membership recruitment, and payment of allowances constitutes an essential act in the multi-level marketing operation of the instant unregistered multi-level marketing business, etc., the lower court acquitted Defendant D of this part of the facts charged on the ground that the obligation to register I as a multi-level marketing business entity cannot be deemed as a representative director that Defendant D had an obligation to register as a multi-level marketing business entity. In so doing, the lower court erred by misapprehending the legal doctrine, or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. 2) In light of the fact that Defendant D did not have an attitude of inconsistency with the lower court’s sentence (6 months and the suspended sentence 2 years) against the above Defendant is unreasonable.

B. Defendant A1) misunderstanding of facts and misunderstanding of legal principles, Defendant A’s Incorporated Foundation A’s operation did not meet the requirements of multi-level sales organization and did not have sold goods or services. However, the judgment of the court below that recognized Defendant A engaged in multi-level marketing business without registration is erroneous by misapprehending the legal principles, or by misapprehending the legal principles, which affected the conclusion of the judgment. Even if Defendant A was found guilty, in light of the circumstance leading to the instant crime, current situation, etc., the sentence of the court below against the Defendant (one year of imprisonment and two years of suspended execution) is too unreasonable.

C. Defendant B (unfair form of punishment) caused Defendant B to commit the instant crime.

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