1. The part of the judgment of the court below against Defendant A is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and two months.

(b).

1. Summary of grounds for appeal;

A. (1) As to Defendant A’s violation of the Door-to-Door Sales Act due to the management and operation of each non-registered multi-level marketing organization (hereinafter “Door-to-Door Sales Act”), Defendant A is merely a multi-level marketing salesperson of E and K, who recruited subordinate salespersons to receive support allowances according to the standards set by each of the above companies, and remitted the investment money received from them to the above company. Accordingly, Defendant A does not constitute “multi-level sales business entity” under the Door-to-Door Sales Act (i.e.,, it is reasonable to deem that each of the above eco-level sales business entity is multi-level sales business entity). In particular, Defendant A’s violation of the Door-to-Door Sales Act due to the management and operation of the non-registered multi-level marketing organization from March 2016 to July 2016, and thus, Defendant A’s sales business entity cannot be said to constitute the door-to-Door sales business entity at least during the said multi-level sales period under the Act.

B) As to the crime of violating the Door-to-Door Sales Act due to actual monetary transactions using each multi-level marketing organization, the scope of its utilization is limited as virtual currency with which E and K are not popular.

However, as long as it is possible to purchase goods on a specific website or exchange goods into other virtual currency such as bitcoin, it is reasonable to view that the above coaches constitute goods with property value.

Therefore, Defendant A’s act of selling each of the above coaches to subordinate salespersons does not constitute “the act of selling money without any transaction of goods, etc. or actually performing only monetary transaction under the pre-sale Act” under Article 24(1) of the Door-to-Door Sales Act.

C) Article 2 of the Door-to-Door Sales Act regarding the relation to each of the above crimes.