2. The defendant A shall be punished by imprisonment with prison labor for one year and by imprisonment with prison labor for ten months.

3.Provided, That.

A. The punishment sentenced by the lower court (one year and three months of imprisonment) is too unreasonable.

B. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. The crime of this case against Defendant A belongs to the purpose of the crime of this case where the Defendants borrowed and acquired money from the victim without any other financial ability, and Defendant A actively deceivings the victim and plays a leading role in the crime of this case. The amount obtained by deception of the crime of this case is a large amount of KRW 73,648,400, and Defendant A was not agreed upon with the victim. However, Defendant A is disadvantageous to Defendant A; Defendant A has no criminal record; Defendant A has deposited KRW 6 million at the trial; Defendant A deposited money with Defendant A; Defendant A was unable to receive payment of KRW 150,000,000,000 from the above loan of this case; Defendant A was to purchase apartment located in Seo Seodong-dong in lieu of the above loan of KRW 150,000,000,000 from the victim; Defendant A was unable to exercise the apartment at the time of this case; Defendant A was unable to reach an economic condition due to his failure to agree with the victim; Defendant A’s motive and motive of the crime of this case; Defendant A’s age and reason;

B. As to Defendant B, the defrauded amount of the crime of this case is 73,648,400 won, and Defendant B did not reach an agreement with the victim and did not recover from damage, etc. However, Defendant B’s confession of the crime of this case in the court below, Defendant B did not have a criminal record, Defendant B deposited KRW 12 million for the victim at the court below, and Defendant B deposited money.