The prosecutor's appeal is dismissed.

1. In full view of the evidence duly submitted by the prosecutor as a whole, F Co., Ltd. (hereinafter “F”) is a multi-level sales organization under Article 2 subparag. 5 of the former Door-to-Door Sales Act (wholly amended by Act No. 11324, Feb. 17, 2012; hereinafter “former Door-to-Door Sales Act”), and thus, the court below found the Defendants not guilty on the grounds that F cannot be deemed a multi-level sales organization under Article 2 subparag. 5 of the former Door-to-Door Sales Act (wholly amended by Act No. 11324, Feb. 17, 2012).

2. Determination

A. Summary of the facts charged in the instant case 1) Defendant A, from December 2, 2010 to August 201, 201, is the F (Representative Director G) Co., Ltd. (hereinafter “F”) with the headquarters in the sixth floor of the building in Yeongdeungpo-gu Seoul Metropolitan Government.

A) The head of the headquarters of the Hacheon-si Office of the Seoul Special Metropolitan City, Nowon-gu, the local headquarters of the company was assigned to the head of the headquarters of the Hacheon-gu, Seoul Special Metropolitan City. A person who intends to operate a sales business comprised of three or more levels of sales organizations shall either be registered with the Fair Trade Commission or registered with the Special Metropolitan City Mayor, Metropolitan City Mayor, Metropolitan City Mayor, or Do governor, as prescribed by Presidential Decree. Nevertheless, the Defendant, at the above Fbucheon Headquarters around December 2010, had the first consumer purchase of the I Four-Class 1 sheet (396,000), which is a health function food that the said company sells to the first consumer, and is conducted by the company, subject to education or SP 1-2 day education. A person who is subscribed to a consortium, each of whose subordinate salespersons was recruited and completing the purchase of goods and education, and has each stage of sales organization (stage 1-2).