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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence presented by the prosecutor in the summary of the grounds for appeal, “E” is a multi-level marketing organization that satisfies the requirements for consumer requirements, retail profits, and support allowances, and thus, the facts charged premised on such requirements can be fully convicted, but the judgment of the court below which acquitted the Defendant of the facts charged in this case is erroneous in the misapprehension
2. Determination
A. The Defendant in the facts charged is the head of the Seocho-gu Seoul Metropolitan Government E Daily Center with the second floor located in the second floor as the regional headquarters of the E Co., Ltd. (hereinafter “E”) located in the sixth floor of the building in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “E”).
Multi-stage sales business operators shall be registered with the Fair Trade Commission or registered with the Special Metropolitan City Mayor, Metropolitan City Mayors and Do Governors.
The defendant, together with G (Representative Director, 12 per cent equity holding), H (General Director, 16 per cent equity holding), I (Representative Director, 12 per cent equity holding), J (Audit, 16 per cent equity holding), K (Supplementary Director, 16 per cent equity holding), L (Seoul Head Office, 10 per cent equity holding), M (P 10 per cent equity holding 10 per cent equity holding) and M (Cheongju Head Office), has first consumer purchase N1 sets (N1, 396,00 won), which are health auxiliary foods sold by the above company, and is executed by the company (one day education conducted under the responsibility of the head office at each 35 headquarters), or O (the disadvantaged party at each headquarters, E head office, 16 per cent equity holding), after completing training at the lowest level for 12 days, he/she again has subscribed to the 3rd of the above company (the 35th office of each region), and after completing training at the 35th office (the 5th office).