The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The act of receiving money without permission or the act of receiving money using a multi-level marketing organization needs to be punished with severe social harm, such as causing confusion to the financial transaction order, creating a large number of victims in a short period of time, and leaving victims with serious economic difficulties. However, the above argument by the defendant is justified, in consideration of all of the following factors: (a) the size of the act of receiving money without permission in this case is not large; (b) the amount of the act of receiving money in this case was invested to T as a higher class; (c) the defendant has suffered considerable damage after making an investment to T, which is the primary offender; (d) the defendant is the primary offender; and (e) the defendant's age, character and conduct, motive, means and consequence of the crime in this case; and (e) the circumstances after the crime, etc.

3. In 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 with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 6 (1) and 3 of the Act on the Regulation of Conducting Fund-Raising and Receiving Penalties without Permission, and Article 30 of the Criminal Act (generality of imprisonment and choice of imprisonment);

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62 (1) of the Criminal Act (the favorable circumstances in the above part) is above;