The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Of the facts charged in the instant case of mistake of facts, the Defendant stated that the victims were 5 billion won of the assets of the company D, but later, it was not corrected when the victim J submitted questions, and the Defendant merely stated that the victim was planning the Internet home shopping instead of speaking as stated in the facts charged. As such, the intent of deception and fraud is not recognized. With regard to the violation of the Door-to-Door Sales, etc. Act, the Defendant did not register the victims as the salespersons, but opened a branch to the victims, and the "public reservation machine" distributed to the existing members at the time of joining a new member is not paid in proportion to the sales performance of the lower members, and the company's profits are divided equally according to the entire members, and thus, it does not constitute a "multi-level marketing organization" as defined in the Act on Door-to-Door Sales, etc., and therefore, D does not constitute a "multi-level marketing organization" as defined in the above Act.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination

A. (1) The judgment of the court below on the assertion of mistake of facts is based on the evidence duly adopted and investigated by the court below, i.e., ① the victims, at the investigative agency and the court below, the defendant and the Director-General, the defendant and the defendant who are the chairman of the management agency of the Corporation D, recruited a person to operate a branch at the present point. If 5.5 million won is invested per branch, 10 million won is advertised in the Internet home shopping broadcasting station and sold goods to the branch operator, 5.5 million won is paid out of the revenue, and 2.0 million won is invested in money.