The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for four months.

except that this judgment.

1. The sentence imposed by the lower court (the imprisonment of six months, the suspension of execution of two years, and the community service order of one hundred and sixty hours) is too unreasonable.

2. The crime of receiving similar goods through a multi-level sales organization is a crime that undermines a sound economic concept and economic order and helps a large number of victims, and the Defendant is highly likely to be subject to criticism in light of the fact that the Defendant committed the instant crime even though he/she had been punished for the same kind of crime.

However, the defendant took the leading role in committing the crime by breaking the defendant's wrongs.

In full view of the fact that the victim did not appear, the fact that the victim agreed smoothly with the victim, the age, health status, family relationship (the support of the wife suffering from mental illness) of the defendant, the background leading up to the occurrence of the case, the method and period of the crime, the number of times, the number of times, the amount of damages, and the balance between the accomplices and the amount of damages, etc., the punishment sentenced by the court below is unreasonable.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 58 (1) 4 and Article 24 (1) 1 (c) of the Act on the Regulation of Door-to-Door Sales, etc. by which punishment is selected, Article 30 of the Criminal Act (the fact of actual monetary transaction by multi-level marketing organizations, etc.), Article 58 (1) 4 and Article 24 (1) 8 of the Door-to-Door Sales, etc. Act, Article 30 of the Criminal Act (the fact of soliciting the use of multi-level marketing organizations, etc.), Article 6 (1) and Article 3 of the Act on the Regulation of Similar Receiving Acts, and the Criminal Act.