1. The part of the judgment of the court below against the defendant is reversed.

2. Defendant shall be punished by a fine of KRW 5,000,000.

3...

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of six months, the suspension of execution of two years, and the community service work 120 hours) is too unreasonable.

2. Each of the instant crimes committed by the Defendant, in collaboration with his accomplices, enticed not less than 60 women with free gifts, etc., and sold black ginseng, medical appliances, etc. by an exaggerated advertisement. In light of the purport of the relevant statutes, such as the Food Sanitation Act, etc., the crime is not good. The fact that the total sales from each of the instant crimes amounting to approximately KRW 100 million is unfavorable.

However, it is more favorable to the following: (a) the Defendant made a confession and reflect on all of the crimes of this case, which the Defendant would not engage in any business similar to the instant case in the future; (b) the Defendant was employed as a M’s employee and participated in the instant crime; and (c) the customer who purchased black ginseng, etc. in M wanted to take the Defendant’s preference against the Defendant; and (c) it is difficult to view that black ginseng, etc. sold by the Defendant was a product harmful to health; and (d) a considerable number of the products sold at the buyer’s request after the commencement of the instant investigation is considered to have been refunded.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, various sentencing conditions shown in the instant records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court is somewhat unreasonable.

Therefore, the defendant's argument of sentencing is justified.

3. In conclusion, the part of the judgment below against the defendant among the judgment below shall be reversed and the defendant shall be ruled as follows, after pleading, since the defendant's appeal is well-grounded.

Criminal facts

The summary of facts constituting an offense and evidence recognized by the court shall be as stated in the corresponding column of the judgment below.