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The judgment below
Part concerning the second offense in the judgment shall be reversed.
A fine of 8,000 on the second offense against the defendant's judgment.
Reasons
1. The summary of the grounds for appeal (one year of imprisonment with prison labor for the crime No. 1 and six months of imprisonment with prison labor for the crime No. 2 of the judgment below) is too unreasonable.
2. Determination
A. In full view of the following facts: (a) the amount of acquiring the part of the crime 1 in the judgment exceeds KRW 800 million; (b) around May 2010, the raising of funds through the act of receiving money through search and seizure of F Co., Ltd. reaches the limit through the act of receiving money through the act of receiving money without delay; and (c) even though AA, the principal offender, escaped from China, the Defendant continued to commit the instant crime by the same method; (d) the victims have not recovered from damage; and (e) other matters concerning the sentencing as indicated in the records and pleadings of this case, the sentence on the crime 1 in the judgment of the court below cannot be deemed to be unfair because the punishment on
B. In full view of the fact that accomplices who led to the crime of multi-level marketing operation in part 2 of the judgment below were punished by a fine of eight million won each, and all other matters concerning the sentencing as shown in the records and arguments of this case, the punishment for the second crime in the judgment of the court below is deemed to be unfair because it is too unreasonable. Thus, this part of the defendant's assertion is with merit.
3. Accordingly, the defendant's appeal against the crime No. 2 in the judgment of the court below is justified. Accordingly, pursuant to Article 364 (6) of the Criminal Procedure Act, the part concerning the crime No. 2 in the judgment of the court below is reversed, and the defendant's appeal against the crime No. 1 in the judgment of the court below is dismissed as follows.
Criminal facts
The summary of the evidence and the facts constituting the crime of No. 2 and the summary of the evidence are the same as the corresponding column of the judgment of the court below. Thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Matters concerning the relevant Article of criminal facts and door-to-door sales to which punishment is selected;