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(영문) 대법원 2015.11.12 2015도2851
방문판매등에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The former Door-to-Door Sales Act (wholly amended by Act No. 11324, Feb. 17, 2012; hereinafter “former Door-to-Door Sales Act”) provides that “multi-level marketing” under Article 2 subparag. 5 of the former Door-to-Door Sales Act means selling goods through a multi-level marketing in which a sales business operator solicits a specific person to be able to gain certain profits (referring to retail profits that a multi-level marketing salesperson gains by selling goods, etc. to consumers in multi-level marketing and support allowances that a multi-level marketing business operator pays to that multi-level marketing salesperson) if he/she engages in any of the following activities.”

(b) "Goods, etc. supplied by the relevant dealer shall be sold to consumers";

The item provides that "the whole or part of the consumers as referred to in item (a) shall be admitted as assistant multi-stage salesmen of the relevant specific person and his assistant multi-stage salesmen shall carry out the same activity as his activity."

In addition, Article 2 subparagraph 7 of the former Door-to-Door Sales Act provides that "the term "support allowances" refers to the economic benefits that multi-level marketing business entities pay to multi-level marketing salespersons in relation to the following matters, regardless of the name and form of payment, such as sales commission, commission, incentive, support fund, etc., and the economic benefits are paid

organized management, education and training performance for assistant multi-stage salesmen belonging to multi-stage salesmen;

(b) Sales performance of goods, etc. of multi-stage salesmen or sales performance of goods, etc. of assistant salesmen belonging to such multi-stage salesmen;

Meanwhile, Article 2 subparagraph 6 of the former Door-to-Door Sales Act provides that "multi-level marketing business entity" is a person who opens, manages, or operates a multi-level marketing organization to engage in multi-level marketing business (hereinafter referred to as "multi-level marketing business entity").

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