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(영문) 인천지방법원 2018.05.09 2017노4809
방문판매등에관한법률위반
Text

The judgment of the court below (including the portion of innocence) shall be reversed.

Defendant shall be punished by a fine of KRW 100,000,000.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) On October 24, 2016, upon the request of a pro-friendly H H, the Defendant visited the office of F MM Group on October 24, 2016, and talked about his experience gathering against those who gather at the same time, and thereafter, paid the purchase cost of the pro-projector to be used in the aforesaid MM group. However, the Defendant did not know at that time that the J et al. created and operated the FM group, a separate small-scale multi-level multi-level organization for the purpose of creating the so-called “large-scale” structure in order to raise his position and maximize profits.

Therefore, as a matter of course, the Defendant did not know that the FM Group was a multi-level marketing organization without registration and the subordinate salesperson recruited through the above M Group was liable to pay USD 370 under the pretext of subscription fees, etc. at the time when he talks about the tour experience at the above M Group office and pays the projector purchase cost. Thus, the Defendant did not constitute a crime of aiding and abetting the Violation of the Door-to-Door Sales Act.

2) As to aiding and abetting an act of excess of statutory limits in the judgment of the court below, the court below acknowledged the crime of aiding and abetting an act of excess of statutory limits, and recognized the same differently from the facts charged, even though this part of the facts charged is related to an act of “F” organization’s act of bearing obligations.

3) The sentence (an amount of KRW 100 million and confiscation) imposed by the lower court against the Defendant is too unreasonable.

B. Prosecutor 1) The lower court determined as follows: (a) the Defendant visited the office of FM Group to make a single lecture and paid the purchase cost of the projector to the above M Group as a crime of aiding and abetting the violation of the Act on Door-to-Door Sales, etc. by J, etc.; (b) however, J, etc. introduced the Defendant to subordinate salespersons recruited in the above M Group as the highest position; and (c) the lower position.

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