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(영문) 서울중앙지방법원 2019.02.13 2018고단6629
방문판매등에관한법률위반
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Defendants shall be punished by a fine of KRW 10,000,000.

Defendant

If A does not pay the above fine, it shall be 100.

Reasons

Punishment of the crime

Defendant

A Co., Ltd. (hereinafter “B”) is a multi-level marketing business entity registered with multi-level marketing business on April 25, 2013, as a corporation with the purpose of clothes, musical services, wholesale services, retail services, etc., and Defendant A is a person who has worked as a director in charge of overall management in the above B from March 2013 to August 2018.

The total amount of bonuses that a multi-level marketing business operator may pay to a multi-level marketing salesperson shall not exceed the amount equivalent to 35/100 of the total value of goods, etc. supplied by a multi-level marketing business operator to a multi-level

1. From January 1, 2017 to December 31, 201 of the same year, the Defendant paid C with the cash of KRW 2,180,590 to the multi-level marketing salesperson F in the name of the principal, by having C pay the bonus of KRW 2,180,590 to the multi-level marketing salesperson F in the name of the principal, or by having C, G, and H pay the bonus to the multi-level marketing salesperson F in cash, or by having other multi-level marketing salespersons F in the manner of paying the bonus in cash to the multi-level marketing salesperson F in the amount of KRW 77,515,880 in excess of the bonus in the year 2017 reported to the competent authority, and paid KRW 2,519,502,190 in the aggregate of the prices of goods, etc. supplied to B to the multi-level marketing salesperson F in the amount of KRW 35.3% in the year 2017.

Accordingly, the defendant exceeded the payment limit of bonus.

2. Defendant B, the representative of the Defendant, at the time and time specified in paragraph (1), paid the Defendant’s bonus exceeding the payment limit as above with respect to the Defendant’s business.

Summary of Evidence

1. Defendant A and the representatives of Defendant B, each legal statement of J

1. Statement to the prosecution of I;

1. Each police statement made to K, L, M, N, andO;

1. The police statement of G, H and C;

1. Details of receipt of I allowances in 2017, and a written confirmation of cash receipt of support allowances in 2017;

1. Investigation Report Co., Ltd. B, in 2017.

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