The guilty part shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

The judgment below

. Innocence.

A. Defendant (guilty in the judgment of the court below) 1) The money for the U.S. travel expenses (criminal facts No. 1 in the judgment of the court below) is obtained from the victims in the F Prize ceremony.

There is no fact that the victims were able to receive approximately KRW 10 million for each person to sell the F product, and there was no intention and ability to attract the victims to the U.S. travel, and it is merely that they received KRW 700,000 from the victims to sell the product as above, not the pre-contract for the U.S. travel..A.) The defendant related to the fraud of nominal money, such as the "F" membership fee, etc. of multi-level marketing enterprise (criminal facts of paragraph 2 of the judgment below) by directly managing the results of the subordinate multi-level sales in order to raise the victims to the team ELLt level in order by managing the results of the subordinate multi-level sales, but some victims did not have any criminal intent to commit fraud because some victims did not have any criminal intent to commit fraud.

Part of the amount of fraud recognized by the court below shall be excluded from the amount of fraud, because it is only ① the proceeds of English teaching materials, constitutional money, and re-investment of the allowances under the joint management of the defendant (hereinafter the victim H), ② the amount of money used directly by the victim regardless of the defendant, or F goods, the expenses of the plenary session (hereinafter the victim I related), ③ the F goods, the expenses of the activities of the plenary session, or the wrong marking of the credit card payment limit (hereinafter the victim C related), and it is irrelevant to the defendant's fraud.

2) The sentence sentenced by the lower court to the Defendant (one hundred months of imprisonment) is too unreasonable.

B. Prosecutor 1) The victim C paid KRW 700,000 to the Defendant’s false statement that she would send U.S. travel.

The injured person shall not have a U.S. travel to the accused, and the accused shall pay once money is paid.