Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and eight months.

Defendant

B.

A. Defendant A has already been punished several times for the same crime of fraud, but the amount of damage caused by the crime of this case is not a large amount, but is recognized as a crime of this case, and the victim and the victim expressed their intent that the victim would not want the punishment when the victim reached an agreement at the time of the trial. In addition, considering all the sentencing conditions shown in the records and arguments of this case including Defendant A’s age, character and conduct, family environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, the court below’s punishment (two years and six months of imprisonment) is somewhat unreasonable.

B. Defendant B was at a low level of participation in the crime compared to Defendant A, and there were favorable circumstances such as agreement between the victim by paying KRW 20 million to the victim. However, in consideration of the following factors: (a) the awareness of the understanding that the above Defendant forged was used as a key means of the fraud; (b) the balance of punishment with Defendant A; (c) the age, criminal records, character and conduct, family environment of Defendant B; and (d) the motive, background, means, method, and consequence of the instant crime; and (e) the circumstances of sentencing specified in the instant records and arguments, such as the circumstances before and after the crime, the lower court’s punishment (two months of imprisonment and two years of suspended execution) is not unreasonable.

2. Thus, the part of the judgment below against Defendant A among the judgment below pursuant to Article 364(6) of the Criminal Procedure Act is reversed, and the appeal against Defendant B is judged as follows after pleading. Since the appeal against Defendant B is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

Criminal facts

The summary of the evidence and the criminal facts of the defendant A (the defendant A) recognized by this court are the criminal facts of the judgment below.