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(영문) 울산지방법원 2016.04.22 2015노1329
방문판매등에관한법률위반
Text

The judgment below

Among the parts against Defendant A and the part not guilty by Defendant B, the act of imposing duties.

Reasons

1. Summary of grounds for appeal;

A. Inspection 1) In collusion with O, P, U, etc., the Defendants imposed duties on the Defendants by collecting expenses of at least 1.30,000 won per person who exceeds the level prescribed by Presidential Decree, or other money and valuables from a multi-level marketing organization or from a person who wishes to become a salesperson, by using a multi-level marketing organization or any similar organization that is composed of persons by phase, in collusion with the Defendants, P, U, etc., constitutes an act of imposing duties under Article 24(1)4 of the Visit, etc. Act.

Nevertheless, the judgment of the court below that found this part of the facts charged as not guilty is erroneous in the misapprehension of facts and legal principles.

B) Defendant B, with the recognition of K as a multi-level marketing organization without registration, solicited other persons to join the recommended allowance by explaining the conditions of K’s accession and the terms and conditions of payment of recommended allowances, etc., and thus, constitutes an accomplice in violation of the Act on Door-to-Door Sales, Etc. due to the establishment, management, and operation of a multi-level marketing organization

Nevertheless, the judgment of the court below that found this part of the facts charged as not guilty is erroneous in the misapprehension of facts and legal principles.

2) The punishment sentenced by the lower court to Defendant A (one hundred months of imprisonment) is too unhued and unfair.

B. Defendant A1) misunderstanding of the facts and misapprehension of the legal doctrine, the Defendant did not have any duty to register under Article 13(1) of the Visiting and Prevention, etc. Act, because the Defendant was merely a multi-level sales salesperson, not a multi-level sales business entity.

In addition, since the defendant cannot be recognized as a functional control over the multi-stage sales business and a co-processing will, the defendant engaged in the multi-stage sales business in collusion with O, P, U, etc.

shall not be deemed to exist.

Nevertheless, the judgment of the court below that found this part of the facts charged guilty is erroneous in the misapprehension of facts and legal principles.

2) The sentence of the lower court (one hundred months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Ex officio judgment is made to Defendant A.

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