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(영문) 서울중앙지방법원 2019.09.23 2018고단1698
방문판매등에관한법률위반
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the head of headquarters in charge of attracting investors belonging to C Branch D Co., Ltd. and managing subordinate investors belonging to the branch office in the 15th floor of the Yeongdeungpo-gu Seoul Metropolitan Government B building.

No one shall conduct any financial transaction without any transaction of goods, etc., or actually conduct any financial transaction by pretending any transaction of goods, etc. using a multi-stage organization or any similar organization that is comprised of persons who have joined a multi-stage group.

Nevertheless, F provided that the branch office in Yeongdeungpo-gu Seoul Metropolitan Government, C offices in 23 and 18 branch offices in Seoul, according to the investment attraction performance of each branch office, the branch office head shall be the head of the headquarters, and the head of the headquarters shall have a multi-level business organization consisting of the branch office head, the head of the headquarters, and the team leader, such as appointment of the team leader, and shall pay 5% or 7% of the monthly investment attraction fund to the head of each branch office, and the head of each branch office shall pay the remainder of the restrictions on the profits to be paid to investors according to the ratio allocated to the branch office head, the head of the headquarters, the team leader, and the relevant investor recruitment plan

From March 11, 2015 to August 11, 2016, the Defendant, as the head of “D branch” among the above 18 branches, received KRW 9,672,00,000,000 from March 25, 2014 to August 11, 2016, the sum of investments made by investors H totaling KRW 281 times from March 281, 201 by stating that “FX MM trading brokerage business, etc.” is a large profit-making. When investing in F’s business, the Defendant received KRW 20,000,000,000 from the above H, as indicated in the list of crimes.

Accordingly, the Defendant, in collusion with F, engage in money transactions without trading goods, etc. using a multi-level similar organization.

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