logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.04.10 2019노3976
방문판매등에관한법률위반등
Text

The judgment below

Part concerning Defendant B and E shall be reversed, respectively.

Defendant

B and E shall be punished by imprisonment for one year and six months.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant B, D, E, F, H, and I did not commit any act of receiving money without delay in collusion with L,O, etc., the lower court convicted the said Defendants of the facts charged. Although Defendant E had a money transaction with respect to door-to-door sales, but did not intend to commit the instant crime, the lower court erred by misapprehending the aforementioned facts. (2) Each sentence imposed by the lower court on the said Defendants is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (Defendant C and D) (the amount of KRW 280 million, out of the amount of KRW 340 million invested by Defendant C in the name of AP, the wife of Defendant C, cannot be deemed as an actual investor. Although Defendant D’s investment in the name of AR, the amount of KRW 330 million, which Defendant D invested in the name of the wife, cannot be deemed as an actual investor, the lower court erred by misapprehending the facts, and thus, the lower court acquitted the above Defendant on the grounds thereof. 2) As such, each sentence imposed by the lower court on the Defendants of unfair sentencing is deemed unfair.

2. Determination

A. Defendant B, D, E, F, H, and I’s assertion of mistake of facts, there is no lack of an undertaking in the original judgment to the effect that the said Defendants are guaranteed principal to investors.

The court below denied the facts charged related to the act of receiving the principal without permission for the purport that it cannot be deemed that the act of receiving the principal without permission was performed because it faithfully explained about the possibility of the principal loss. However, the court below found the defendant guilty of this part of the facts charged on the grounds of the reasons stated in Articles 18 through

The court below's explanation of the circumstances, 1) The above Defendants shall be entitled to pay dividends to investors, excluding dividends, from among the fees equivalent to 5% of the attracting investments and attracting investments by directly attracting investors or inducing investments through subordinate recruitments while explaining the female system of law.

arrow