The prosecutor's appeal is dismissed.

1. The summary of the grounds of appeal is that the instant union’s business operations affect the superior salesperson’s bonus, and thus constitutes multi-level marketing business, since the subordinate salesperson’s transaction performance affects the superior salesperson’s bonus.

Nevertheless, the judgment of the court below which acquitted the facts charged is erroneous.

2. Determination

A. Defendant C, as the representative director of the E Union located in the Jeonbuk-si, North Korea-si, is the head office and branch of the E Union. The representative of the said Association is a person who has overall control over its head office and branch office, joined its members, received orders and orders of its members, and managed its accounts under the name of the Association. Defendant A, as the highest-ranking members of the said Association, actually operated the said Association by operating and managing the association in detail and producing dividends distribution table among its members. Defendant B works for the head office of the above Association located in Gangdong-gu, Seoul, and recruited its subordinate members. Defendants recruited its subordinate members after the registration as the members of the said Association, and recruited its subordinate members, the Defendants can be “business partners” who are qualified to receive dividends if they purchase the articles amounting to 1.1 million won in total from the Association. If a superior right is established by inviting its members to enter into the said association in combination with the lower association members, Defendant A would be able to obtain profits from the higher-level association members by obtaining profits from the association.”

On the other hand, Defendant A produced a dividend distribution franchise to distribute bonuses to the members of the above union, and the above dividend distribution franchise is divided into ten members in total, and the basic grade is the same.