The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor for three years, and Defendant B.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for Defendant A: four years of imprisonment; for Defendant B, one year and six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio, and the prosecutor committed the crime in the first instance, which was charged by the prosecution, “Article 1-A” among the facts charged.

The part “(9) through (23)” in the part “(9)” means: (a) the Defendants, despite the fact that they would engage in cosmetics sales business with H and would receive money as investment money; (b) Defendant A, from July 2014 to 30 branches nationwide, including Seoul, Busan, Daejeon, and Daegu, recruited investors and provided direct explanation of the business; (c) Defendant B provided explanation to direct investors on October 2, 2014; and (d) recruited investors by accompanying each branch and providing explanation of the business plan; and (e) Defendant B provided an explanation of the business plan.

As a result, the Defendants in collusion with H on October 16, 2014, after gathering major investors and the heads of each branch office center for the purpose of soliciting additional investment and sub-investment in Triart located in the Southern Gun, and holding a large business explanation meeting. Defendant B introduced each executive member including Defendant A, and made U to explain cosmetics as a cosmetics developer. Defendant A purchased 3.3,00 won to participants including the victim P or consumer goods for KRW 330,000 per unit, paid 30,000 won as an allowance for introduction, and each share of profits may be paid 120,000 won as dividends for each share.

A false statement was made to the effect that the sale of cosmetics or daily necessities and the provision of allowances is carried out as a normal business with such profits, and thus, it is not easy to understand.

The Defendants are the victims so accused.