All of the appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The Defendants were sentenced to one year of imprisonment and two years of suspended execution on August 18, 2016 due to the violation of the Door-to-Door Sales, etc. Act by notifying false or exaggerated facts as door-to-door sellers at the Seoul Eastern District Court on August 10, 2016, or by using fraudulent means, and the judgment became final and conclusive on August 18, 2016. However, the crime of violation of the Door-to-Door Sales, etc. Act is established for each of the consumers.

Therefore, facts constituting the final judgment and the annexed list

1. The facts charged in this case are different among consumers, and thus, each of the above crimes cannot be viewed as a blanket crime in relation to substantive concurrent crimes. Notwithstanding the fact that each of the above crimes constitutes a single comprehensive crime, the effect of the judgment that became final and conclusive extends to the above facts charged, and the judgment of the court below which acquitted the Defendants, is erroneous in the misapprehension of the facts or in the misapprehension

B. The sentence imposed by the lower court on Defendant A (ten months of imprisonment, two years of suspended execution, two years of probation, and one hundred and sixty hours of probation) is too uneased and unreasonable.

2. Determination

A. Where multiple acts falling under the name of the same crime or acts falling under the name of the same crime are continuously conducted for a certain period under the single and continuous criminal intent with regard to the assertion of mistake of facts and misapprehension of the legal principles, and the legal benefits from such acts are identical, each of such acts shall be punished by a single comprehensive crime (see, e.g., Supreme Court Decision 2006Do3172, Sept. 8, 2006). However, where the unity and continuity of the criminal's criminal intent are not recognized or the method of the crime is not identical, each of

(see, e.g., Supreme Court Decision 2005Do4051, Sept. 30, 2005). The Act on Door-to-Door Sales, Etc. provides for matters relating to the fair trade of goods or services by door-to-door sales.