The prosecutor's appeal is dismissed.

1. Examining the sales structure of F Co., Ltd. F (hereinafter “F”) with the summary of the grounds for appeal, the court below erred by misapprehending the legal principles and misapprehending the legal principles, on the ground that the cooperation companies were provided goods, etc. from F and re-providing them to the consultant, and the consultant constitutes a consumer who receives goods, etc. from F and the F constitutes a multi-level marketing organization, although F constitutes a multi-level marketing organization, it did not constitute a multi-level marketing organization.

2. The summary of the facts charged in the instant case was a person serving as the head of the F Daegu Central Center on the third floor of the building in Daegu-gu, Daegu-gu, the regional headquarters of F, a regional headquarters in the sixth floor of the building in Yeongdeungpo-gu, Seoul, Seoul, from September 2009 to September 2010. Defendant B was a person serving as the head of the said F’s regional headquarters from October 2010 to September 201.

(a) A person who intends to run a sales business consisting of at least three stages of Defendant A sales organization shall register with the Fair Trade Commission, as prescribed by Presidential Decree, or register a multi-level distributor with the Special Metropolitan City Mayor, Metropolitan City Mayor, or Do Governor;

Nevertheless, the Defendant, in collusion with F representative director H and F 35 regional headquarters, as the chief executive officer I, F finance officer J, F Auditor K, F Auditor L, F Registered Directors L, F Registered Directors M, F Registered Directors N, and F Registered Directors N, the Defendant purchased 1 St (396,000 won) of the Act, which is a health function auxiliary food sold by the said company at the 3rd Daegu-gu Central Center in Daegu-gu, Daegu-gu, Seoul, on September 2009, on condition that the notes conducted by the said company receive education or SP 1-2-day education, he is admitted as the lowest salesperson of the said company, and he is recruited as subordinate salespersons of each of the above companies and completed the purchase and education of goods by those subordinate salespersons, and is equipped with phased sales structure (stage 12).