All A and prosecutor appeals are dismissed.

A. The sentence that the court below sentenced the Defendants (10 months of imprisonment with prison labor for the Defendants A, and 2 years of suspended sentence in the Defendant B: imprisonment with prison labor for the Defendants: 10 months) is too unfasible and unfair.

Defendant

A The sentence sentenced by the court below is too unreasonable.

2. Determination

A. In full view of all the sentencing conditions, including the following: (a) the Defendant’s judgment on the sentencing of Defendant A received an investment amount of at least one billion won from 62 investors; (b) the agreement is reached with 35 investors; (c) the Defendant has been punished for the same kind of crime several times; (d) the Defendant is aged and is against the time of committing the crime; (b) the degree of participation in the crime; (c) the degree of participation in the crime; (d) the character and conduct, the environment of the Defendant; and (e) the circumstances after the crime, etc., the sentence imposed by the

B. In full view of all the sentencing conditions, including Defendant B’s age, character and conduct, environment, occupation, and circumstances after the crime, the sentence imposed by the lower court is too unreasonable, and thus, is not deemed unreasonable, in light of the following: (a) the Defendant’s judgment on the sentencing of Defendant B is against the time of committing the crime; (b) the degree of participation in the crime is not significant; (c) the gains acquired by the Defendant are not much significant; and (d) there

3. Conclusion, the appeal by the defendant A and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.