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The judgment below
The guilty part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for two years.
evidence of seizure.
Reasons
1. Summary of grounds for appeal;
A. Regarding Defendant A, C, and G1 (A) and Defendant A (1) with respect to the sale of each member of the “AG Condo” and “AP Condo,” Defendant A was acting for the sales of membership only with the Kabs, application for membership, etc. provided by the AG Co., Ltd. (hereinafter “AG”) and the AP (hereinafter “AP”), and whether the pertinent membership price is refunded, the content of the service provided to the members, and whether the free accommodation right is provided, etc. before entering into a contract, are merely a matter that was already determined inside the AG and the AP prior to entering into a contract.
(B) Defendant A did not have any opinion or consultation with each of the above companies on the contents of the agreement membership at the time of entering into a contract, and there was no fact that Defendant A instructed its own agency employees to sell each of the above membership as a public duty and tax rate or explain it as if they were to refund one year after the conclusion of the contract. Therefore, it is difficult to deem that there was an intentional
(C) Some of the agency employees explained that their allowances are excessively paid to the victims under the pretext of taxes and public charges and that they can be refunded one year after paying them to the victims. However, it is unreasonable to view all of the sales activities of each member of the company as a collective deception inasmuch as the business members had different sales method for each member of the company, since they explained that the cost to pay to the consumers by complying with the policy of the head office is the facility management cost or membership price, and explained that the cost to pay to the consumers is the facility management cost or membership price, or ten years after the sale.
(2) As to the sale of membership of “AD”, the auction for the AX Contac 1 was in progress.
Even if the defendant A acquires the ownership of the above contact telecom.