The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);

A. A. Although D’s business with respect to fraud or fraud was operated normally, it cannot cover mining costs at 30% of extracted M, and most of the sales proceeds of extraction machines were paid as mining allowances. The sales proceeds of extraction machines were paid as mining allowances. The lower business operator did not have a profit structure that can maintain the business by exchanging and returning the upper business operator’s allowance with the sales proceeds of extraction machines paid by the lower business operator, and the Defendants were fully aware of this fact.

Nevertheless, the court below rendered a not guilty verdict on this part of the facts charged. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.

B. As to the violation of the Door-to-Door Sales Act or the Door-to-Door Sales Act, the Defendants brought a rise to the highest-level business entity after continuing management and education of existing salespersons, and it is reasonable to view that this constitutes a functional control over the management of unregistered multi-level sales organizations.

Nevertheless, the court below rendered a not guilty verdict on this part of the facts charged. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.

2. Determination

A. The conviction in a criminal trial as to the assertion of fraud or aiding and abetting fraud ought to be based on the evidence of probative value, which could lead a judge to have a conviction that the facts charged are true beyond a reasonable doubt. Unless such proof is given, the conviction cannot be determined even if there is a suspicion of guilt against the defendant.

In addition, in light of the fact that the Criminal Appeal Court has the character as an ex post facto trial even after the fact that it has the character as an ex post facto trial and the spirit of substantial direct trial as provided in the Criminal Procedure Act, the first instance court examines the witness.