A. Defendant A (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of sentencing) did not deceiving the victim by making a false statement as stated in the facts charged, and it is not established a crime of fraud since the Defendant was bound by the detention of the Defendant who repaid the borrowed money.

The punishment sentenced by the court below is too heavy.

B. Defendant B (misunderstanding of facts and improper sentencing) is not the debtor of the debt borrowed of this case, and there is no fact of deceiving the victim.

The punishment sentenced by the court below is too heavy.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the Defendants’ assertion of misunderstanding of the facts and misapprehension of the legal doctrine, the fact that the Defendants deceptioned the victims regarding the inflow of funds abroad and the possibility of repayment of the borrowed debt therefrom, etc.

Defendant

A later paid interest on the borrowed money to the victim, but the fact that Defendant B is not a debtor on the borrowed money does not affect the establishment of a crime of fraud ( insofar as there was a deception by Defendant B, and that it was used by dividing the money acquired, then the accomplice in a crime of fraud is established even if the debtor on the borrowed money is not a debtor on the borrowed money). Therefore, the Defendants’ mistake of facts and misapprehension of legal principles are without merit.

B. In full view of the circumstances that are disadvantageous to the Defendants, such as the fact that there is a large amount of damage to the Defendants’ wrongful assertion of sentencing, that there is no agreement with the victims, that there is a previous criminal record for the Defendants, and that the Defendants paid or deposited considerable amount for the restoration of damage, and that there is a favorable circumstance, such as equity in the case where the Defendants were punished with the crime for which judgment has already become final and conclusive, and all other sentencing conditions in the records of this case, including the Defendants’ age, sexual conduct, and the circumstances before and after the

Therefore, the Defendants’ .