The prosecutor's appeal is dismissed.

1. In full view of the fact that the defendant established a off-line office, which serves as a physical and human basis for multi-level sales, and performed activities such as public relations, education, invitation of business operators, management of allowances, and marketing of goods, the court below's judgment otherwise determined that the defendant had functional control over the crime of the establishment, management, and operation, etc. of a multi-level sales organization without registration, such as F and B, even though it was recognized that the defendant had functional control over the defendant through substantial contribution.

2. Examining the judgment of the court below closely in light of the records, it is just to find the court below not guilty on the grounds that the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant performed functional control through substantial contribution to the crime such as the establishment, management, operation, etc. of a multi-level sales organization without registration, such as F and B, based on the circumstances stated in its reasoning. Since new evidence corresponding to the facts charged in this case was not submitted in the trial, there was no submission of new evidence corresponding to the facts charged in this case, it cannot be said that there was an error of misunderstanding

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.