Defendants shall be punished by imprisonment for ten months.

However, this decision is delivered to the Defendants.

A. misunderstanding of facts - The amount of defraudation against Defendant B victim C was calculated on the basis of the estimates submitted by the victim rather than considering the ratio and the test process.

B. Unreasonable sentencing - The lower court’s punishment (ten months of imprisonment) is unreasonable.

2. The amount obtained by deceit in a criminal procedure of a judgment on a mistake of facts does not require to be specified even if the elements of the crime are satisfied and the amount is specified to the extent that it does not interfere with the defendants' exercise of right to

The accurate amount of construction cost that the defendants are recognized to have obtained by the victim C shall be determined in civil litigation, and the court below rejected C's application for compensation for the same reason.

In the future, even if the amount recognized in civil procedure is less than the amount obtained by fraud recognized by the court below, there is no problem in the establishment of fraud of the defendants

The judgment of the court below to the same purport is justifiable.

The possibility of increase and decrease in the actual amount of fraud shall be considered in sentencing judgment.

Defendant

B's assertion of mistake of facts is without merit.

3. The Defendants recognized the error of judgment on the assertion of unfair sentencing and are in depth divided.

The court below acknowledged the case.

The Defendants did not seem to have attempted to acquire the construction cost in a planned manner from the beginning, and the victims had civil remedies based on the bilateral contract from the time of the contract.

In addition, the lower court’s punishment against the Defendants is somewhat heavy when considering all the circumstances such as the Defendants’ leading up to the instant crime, motive, power, and the Defendants’ family situation.

The Defendants’ assertion of unreasonable sentencing is justified.

4. The defendants' appeal is with merit, and the judgment of the court below is reversed and it is decided again through pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the court below's judgment, and thus, it is accepted by Article 369 of the Criminal Procedure Act.

Application of Statutes

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