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All judgment of the first instance court shall be reversed.
Defendant
A Imprisonment with prison labor of one year and a fine of five million won, Defendant B shall be sentenced to imprisonment with prison labor of one year and six months.
Reasons
1. Summary of the Defendants’ grounds for appeal
A. Fact-finding 1) The majority of the participants in the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) are to voluntarily participate in the J Education or to make their own participation upon the solicitation of their people, but H (hereinafter “H”).
(2) Although the Defendants did not directly take charge of the violation of the Act on Special Measures for the Control of Public Health Crimes, the Defendants’ act of taking charge of the violation of the Act on Special Measures for the Control of Public Health Crimes was not illegal, and the participants did not take charge of the violation of the Act on Special Measures for the Control of Public Health Crimes. The judgment of the court of first instance that convicted the Defendants of the violation of the Act on Special Measures for the Control of Public Health Crimes (unlawful medical service providers) even though the Defendants could not be punished as the principal or the indirect principal of the act of taking charge on their own, there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.
3) As to the violation of the Medical Service Act, the judgment of the court of the first instance that found the Defendants guilty of the violation of the Medical Service Act, in the absence of direct evidence that the participants reported the advertisement, was erroneous and adversely affected the conclusion of the judgment. 4) The defendants' sale of the violation of the Food Sanitation Act due to the operation of the food manufacturing business without registration and the violation of the Pharmaceutical Affairs Act is merely a food that has no adverse effect, such as the color, straw, straw, studs, salt, etc., and it is merely a food that has been made of the main ingredients, and thus, it is not a natural food, but a natural food, but a natural food is not a drug, and the judgment of the court of the first instance that convicted
B. Defendant A who was sentenced by the first instance court on the Defendants of unfair sentencing shall be punished by imprisonment.