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(영문) 서울중앙지방법원 2017.10.12 2017고단3539
방문판매등에관한법률위반
Text

Defendant

A Imprisonment of 10 months, Defendant B, and Defendant C shall be punished by a fine of 10,00,000, and Defendant D shall be punished by a fine of 10,000.

Reasons

Punishment of the crime

1. Defendant A, B, and C are the representative director of D, who is a selling company, such as drinking beverages, located in the building located in Gwanak-gu in Seoul Special Metropolitan City, and is in charge of the management of the above company. Defendant B is the vice president of the above company, and is a person in charge of investment explanation, business management, etc., and Defendant C is a business director of the above company. Defendant C is a business director of the above company.

No one shall establish, manage or operate a multi-level marketing organization without being registered with the Fair Trade Commission or with the Special Metropolitan City Mayor, Metropolitan City Mayors, Metropolitan Autonomous City Mayors, Do Governors, or Special Self-Governing Province branches.

Nevertheless, the Defendants shared their duties as above, without being registered as above, recruited salespersons to many unspecified persons through briefing sessions, etc. at the office site of the above company, and recruited them as members of the sales team. ① if the sales team purchases small beverages with a cumulative of at least 90,000 won, the Defendants are qualified as members of the level 2. ② After the formation of a food sales structure by which subordinate salespersons recommended by the above sales team are placed as their subordinate salespersons, the Defendants paid Belgium 2 an amount of 10% of their sales to the sales team up to the third stage of their subordinate position as members of the sales team. ③ The Defendants operated the above company in a manner that separately pays the number of salespersons up to the 20th stage of their subordinate position multiplied by the amount of 8,000 won to the sales team as members of the support fund. From February 1, 2016 to January 7, 2017, the Defendants sold 2,784,500 won from many salespersonss as shown in the attached Table of Crimes.

Accordingly, the Defendants conspired to establish and operate a multi-level marketing organization without registering multi-level marketing business.

2. Defendant (State) D Defendant 2, a representative of Defendant A, B, and C committed the above violation in relation to the Defendant’s duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning suspect interrogation of the defendant A by the prosecution;

1. J, K, L.

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