The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment of three years and six months, and Defendant B.

1. The summary of the grounds for appeal against the Defendants is unreasonable because each of the punishments of the lower judgment (four years of imprisonment with prison labor for Defendant A, and two years of imprisonment with prison labor for Defendant B) is too unreasonable.

2. In light of the following: (a) the Defendants recognized each of the instant crimes and against each of the instant crimes; (b) the Defendants recovered and agreed on the damage to some victims; and (c) Defendant B participated in the instant crime by Defendant A’s solicitation, which is a primary offender, and thereby suffered damage by investing an amount of KRW 300 million in the amount of money; (d) the Defendants’ developments leading up to the instant crime; (e) the process and progress thereafter; (e) the amount of the instant act of receiving the same kind of crime and obtaining the money; (e) the Defendants’ role in, and the degree of participation in, the instant act of receiving the same kind of crime; (e) the Defendants’ relationship, age, occupation, and all other matters pertaining to the sentencing specified in the instant records and arguments, the lower judgment’

3. Accordingly, the part of the judgment of the court below against the Defendants in accordance with Article 364(6) of the Criminal Procedure Act is reversed, and the appeal against the Defendants is ruled as follows.

Criminal facts

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

Application of Statutes

1. Article applicable to criminal facts;

A. Defendant A: Articles 347(1) and 30 of the Criminal Act (the fraud committed jointly with Defendant B); Articles 58(1)1 and 13(1) of the Door-to-Door Sales Act; Article 30 of the Criminal Act (the operation of a multi-level marketing organization without registration); Articles 6(1) and 3 of the Act on the Regulation of Conducting Fund-Raising Business without Permission; Article 30 of the Criminal Act (the operation of a multi-level marketing organization without registration); Articles 97 subparag. 1 and 13(1)2 of the former Food Sanitation Act (amended by Act No. 11986, Jul. 30, 2013); Article 30 of the Criminal Act.