Defendants shall be punished by imprisonment for one year.

However, the two years each from the date this judgment becomes final and conclusive.

2. The Defendants made a false advertisement as if the victims were actually confirmed and entered into a mutual agreement with the victims and their members, even though the “establishment of a next elementary school”, which may be considered as an important factor in determining whether to join the mutual aid association, was not yet finalized.

Due to the acts of these defendants, many victims have occurred, and the total amount of damage reaches KRW 165 million.

Nevertheless, the damage has not been recovered for a considerable time since the date of crime.

In addition, even though there has been three times of punishment for the same crime, Defendant B has already been punished for the same crime (two times of the suspension of the execution of imprisonment with prison labor, one of the fines) and again committed fraud.

This is disadvantageous to the Defendants.

However, the defendants have reached the judgment of the court, and they are both aware of their errors and are against their depth.

From the beginning, the Defendants did not make any false advertisement that was entirely planned from the beginning, and even though they did not make sure that they made certain mistakes as if they were reliable, they seem to have made considerable efforts to establish elementary schools.

After the declaration of the lower judgment, the Defendants paid the victims the full amount of damages and expressed their intent that all the victims do not wish to punish the Defendants.

Defendant

A has no record of being punished for the same crime, and there was no record of being punished for the same crime beyond a fine.

All the Defendants seem to have a relatively clear social relationship.

Such circumstances can be considered as favorable to the Defendants.

As above, the court below held that the defendant was guilty.