Defendants shall be punished by imprisonment for ten months.

However, for two years from the date this judgment became final and conclusive, the above sentence against Defendant B.

Punishment of the crime

1. On December 2012, Defendant A recommended the victim D to make an investment in the instant multi-level marketing business with the purport that “E is in charge of the Daejeon branch office of the U.S. Multi-level marketing company, the principal of which is E, is recovered within three months, and when the Damon class is changed within three months, the monthly income may be raised at least ten million won.” At the same time, Defendant A recommended the victim to make an investment in the instant multi-level marketing business. At the same time, the Defendants made a false statement to the effect that “When investing KRW 40 million in the E-level marketing business, the Defendant would have the victim recover the principal within three months and make it possible for the victim to make a lot of profits.”

However, around December 2012, the Defendants merely told that E would immediately enter Korea through another person, but did not know about the specific time of entry, domestic sales goods, and the structure of allowances, etc., and once soliciting subordinate sellers by appropriating the invested money from the victim for the expenses of member joining, the lower sellers continued to engage in the activities of attracting goods and member joining. In addition, Defendant B was well aware of the fact that it was punished twice in the immediately preceding multi-level marketing business and it was impossible to collect the principal as well as the high profit in the nature of multi-level marketing business, so there was no intention or ability to repay the invested principal received from the victim within a short period and make profits available in addition to it.

As a result, the Defendants conspired to deception the victim as above and transferred one million won to the F’s account around January 31, 2013, and received KRW 39 million from the victim’s account deposit around February 13, 2013, and received the agricultural bank account in the name of the victim’s account opened in the name of the victim and received KRW 40 million in total.