2. Determination

A. Defendant A, C, and C merely participated in the crime led by Defendant B in order to compensate for the damages caused by the failure to receive the repair cost from Defendant B, and the profits acquired by the crime are not much high, out of the amount of damages, the victim paid KRW 40 million out of the amount of damages, and the victim was not punished by Defendant A and C, and there is no criminal record of the same kind.

However, the fact that the amount of fraud reaches 300 million won, and that it is also involved in the process of distributing profits after the crime.

In addition, comprehensively taking account of all the sentencing conditions, such as Defendant A, C’s age, sexual behavior, environment, etc., as shown in records and pleadings, the sentence of the lower court is too unreasonable.

B. Defendant B, Defendant C, as well as Defendant B, has recovered part of the damage on their own, and the victim has not been punished for Defendant B, and there are no criminal records of the same kind of fraud, and it is against the fact that the crime is committed.

However, the fact that the amount of fraud reaches 300 million won, the fact that the defendant A and C participated in the crime, the fact that the criminal was led to the crime, the criminal record of the property crime three times, and the fact that the criminal was committed again during the suspended execution period following the criminal record of the property crime.

In addition, comprehensively taking account of all the sentencing conditions, such as Defendant B’s age, sexual behavior, environment, etc., as shown in records and pleadings, the lower court’s punishment is too unreasonable.

3. The Defendants’ appeal is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.