The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

A. The punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. It is recognized that financial transactions using a multi-level marketing organization cause confusion in the financial transaction order, leads a large number of victims in a short period of time, leads victims to serious economic difficulties, etc., and there is a need for strict punishment due to the high quality of the crime, and that the amount of damage caused by the Defendant’s instant crime reaches about 27 million won.

However, in light of various circumstances, including the Defendant’s age, character and conduct, environment, motive, means, and result of the instant crime, the Defendant’s sentence imposed by the lower court is unreasonable, and the Defendant’s assertion is reasonable, given that the Defendant’s payment of seven million won was made, and the victim was smoothly agreed with the victim and the Defendant, and other various circumstances that are conditions for sentencing specified in the records and pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, and motive, means, and consequence.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is ruled as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant statutory provisions for criminal facts, Articles 347(1) and 30 of the Criminal Act for the choice of punishment, Articles 58(1)4 and 24(1)1(c) of the former Door-to-Door Sales, etc. Act (Amended by Act No. 11839, May 28, 2013); Articles 30 of the Criminal Act for each of the types of imprisonment options

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The suspension of execution is advantageous to Article 62(1) of the Criminal Act;