The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

except that the ruling shall be made for one year from the date of the final judgment.

1. Summary of grounds for appeal;

A. Defendant: Error of mistake of facts (the Defendant himself is the victim of C, and there was no intention of deception or deception) and unreasonable sentencing

B. Prosecutor: Unfair sentencing

2. The judgment of this Court

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court as to the Defendant’s assertion of mistake of facts, the lower court’s determination that found the Defendant guilty of the facts charged in this case is acceptable, and there is no illegality affecting the conclusion of the judgment by misunderstanding the facts.

Therefore, the defendant's argument disputing this cannot be accepted.

① The C was convicted of having committed an act of receiving KRW 3.366,980,00 in total from 554 persons while operating a non-registered financial multi-level company that performs money transactions under the e-mail title “E”, and committing an act of receiving KRW 3.366 billion in total, and committing an act of opening a non-registered multi-level organization and a financial multi-level crime.

(Seoul Central District Court 2013Kadan4550, 2014No4250, 2014No425) does not relate to fraud. Thus, the above 554 persons and 336,498 million won include “1.2 million won received from the Defendant, 3,1440,000 won received from the Victim H, and 1,2480,000 won received from the Victim K.” As such, the Defendant conspired with C to sell the electronic book of “E” against the victim H and K, and thereby does not interfere with recognizing that the Defendant acquired money by means of deception, as if he were to pay reasonable allowances.

② The Defendant, in collusion with C, purchased an electronic book called “E” as the head of the F Center, one of the subordinate organizations of a non-registered financial multi-level company, and subscribed to membership, he/she may recover the principal of 6,7 weeks with payment of various allowances, and bring profits at least twice in the event of three months.” The Defendant acquired the total amount of KRW 12,506 million from December 22, 201 to January 31, 201.