The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the judgment of the court below that found the Defendant not guilty of the facts charged, is erroneous in the misapprehension of the facts, even though the Defendant, by mistake of facts, made a larger profit by raising the value of M to the next-order investors, by deceiving investors as if they were capable of selling them, received investment money from the next-order investors, and did not send the remitted investment money to the head office of the Thailand, or appears to have useful part of it.

B. The sentence that the court below sentenced against the defendant (the imprisonment of eight months, the suspension of the execution of two years, and the community service work 120 hours) is too uneasible.

2. Judgment on the assertion of mistake of facts

A. In this part of the facts charged, even if the prosecutor received the money from the victims, it was thought that the victims did not transfer the money received to the head office of the Thailand and did not have the intent and ability to pay profits by purchasing M normally.

B. In light of the following circumstances acknowledged by the lower court and the evidence duly adopted and examined by this court, the evidence alone presented by the prosecutor was proven, without any reasonable doubt, to the effect that the Defendant had the criminal intent to acquire fraud beyond the criminal intent of violating the Door-to-Door Sales Act.

It is insufficient to view it, and there is no other evidence to prove it.

1) The instant multi-level organization is operated by the method of buying M with the pertinent points when L subscribers, including the Defendant, pay money to a superior business operator for M.

2) If a higher-tier holder opens an account under his/her own name and then joins a lower-tier holder, registration shall be made to the lower-tier holder’s account, and the points will be accumulated in the higher-tier holder’s account in terms of recommendation allowances, support allowances, etc., whenever the lower account is registered.