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(영문) 수원지방법원 2015.09.04 2015노2040
방문판매등에관한법률위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles are that E, etc. listed in the separate list of crimes in the judgment of the court below are merely a consumer who opened a mobile phone service with a telecommunications company B (hereinafter referred to as the "defendant company"), and the amount listed in the list of crimes is not to be registered as a salesperson of the defendant company but to pay the mobile phone purchase price to the telecommunications company in order to subscribe to the mobile phone service instead of being registered as a salesperson of the defendant company.

Therefore, Defendant A did not bear a burden of 50,00 won or more on the condition of the registration of Defendant Company’s salesperson and the maintenance of qualification. Thus, Defendant A was guilty of violating Article 60(1)6 and Article 22(1) of the Door-to-Door Sales Act; Defendant A’s violation of Article 65(1), Article 60(1)6 and Article 22(1) of the Act on Door-to-Door Sales, etc.; Defendant Company’s violation of Article 65(1), Article 60(1)6, and Article 22(1) of the same Act cannot be established.

B. Each sentence of the lower court on the Defendants of unreasonable sentencing (the Defendant A: 2 years of suspended execution and probation in June, and the Defendant Company: 8,000,000 won) is too unreasonable.

2. Determination:

A. The following circumstances acknowledged by the court below based on the evidence duly adopted and investigated by the court below as to the assertion of mistake of facts and misapprehension of legal principles, namely, ① a person who has filed an application for registration of a member with the defendant company becomes a member of the defendant company upon receipt of a registration number; in order to receive the bonus, the lowest class should be required to obtain 300,000 PV in order to be paid the bonus; ② a member should purchase a mobile phone to receive 300,000 PV; ③ E, etc. listed in the list of crimes in the court below, are purchased a mobile phone through I et al.

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