A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. In the first instance trial, the prosecutor held that “from February 18, 2016,” the Defendant’s “from around April 18, 2016,” and the Defendant’s “total amount of KRW 8,99,000,00” of the Defendant’s act No. 10 of the instant facts charged as “from April 18, 2016, KRW 4,989,384,00,” respectively, applied for amendments to the indictment with the content of changing the entire list of crimes in the annexed list of crimes in this judgment. This Court permitted this.

Therefore, the judgment of the court below can no longer be maintained.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the following judgment is delivered after oral pleadings, on the grounds that there is a ground for reversal ex officio as above.

[Re-written judgment] The summary of the facts constituting the crime and the evidence acknowledged by the court below and the summary of the evidence are as follows: "from the point of February 18, 2016 to the police officer from the point of April 18, 2016" of the facts constituting the crime of the court below 10, and "total amount of KRW 8 billion" of KRW 4,989,384,000 under the ground of the judgment below to " KRW 4,99,384,00," and the whole list of the crimes in the annexed sheet of the court below is as stated in each corresponding column of the court below except for the alteration into the list of crimes in the annexed sheet of this judgment as shown in the annexed sheet of this judgment. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 58 (1) 1 and Article 13 (1) of the Act on Door-to-Door Sales, etc. through which Punishment is selected, Article 30 of the Criminal Act, and Article 58 of the Act on Door-to-Door Sales, etc. through which Punishment is to be imposed on the crime;

1. The reason for the suspended sentence of Article 62(1) of the Criminal Act (the following circumstances favorable to the defendant) is that the defendant is involved in running a multi-level marketing organization with no registered type H and I. The act of multi-level marketing without registration is all kinds.