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(영문) 대구지방법원 상주지원 2015.10.27 2015고단420
방문판매등에관한법률위반
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

No door-to-door seller shall engage in any act of making false or exaggerated information or soliciting or trading with consumers by using deceptive means.

Nevertheless, the defendant from the end of July 2015 to the same year.

8. From the end of April, 14, he displayed a free performance against the elderly residents residing near the Eda bank located in Seodaemun-si, and predicted the interest of the elderly, and sold the 6,50,000 won per piece of advertising in an exaggerated advertisement as if there were medical functions, such as “It is good in the aftermath of traffic accident, it is not possible to receive physical treatment at a hospital, it is hard to locked, damp, and mycognious, and it takes place within a fungdo.”

As a result, the defendant informed false or exaggerated facts or enticed or traded consumers by using deceptive methods.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the F, G, H, and I;

1. Investigative reports (informating a report, a business operator registration certificate, and a leaflet);

1. Application of Acts and subordinate statutes to investigation reports (on-site photographs, etc.);

1. Article 61 (1) 1 and Article 11 (1) 2 of the Act on the Construction of Relevant Acts and Door-to-Door Sales, etc. for Punishment of Criminal Facts;

1. The sentence shall be imposed as ordered in consideration of the fact that there is no record of punishment exceeding the fine against the defendant for the reason of the suspended sentence under Article 62(1) of the Criminal Act, and the age, character and conduct and environment of the defendant, motive, means and consequence of the crime, and the circumstances after the crime, etc. specified in the arguments in this case.

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