Defendants shall be punished by imprisonment for six months.

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

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment) against the Defendants is too unreasonable.

2. The crime of this case is likely to be subject to strict punishment in light of the following: (a) by actively deceiving the victim under 77 years of age, who was 7 years of age, who was committed against the Defendants in a normal and pro-friendly manner, to borrow money from the victim as security; and (b) there is no possibility of criticism in light of the method of crime, the content of deception, the relationship with the victim, etc.; and (c) considerable of the damage caused by the crime of this case appears to have not yet been recovered.

However, Defendant A is the first offender, and Defendant B has no record of punishment for the same kind of crime, and the Defendants have compensated the victim for the amount of KRW 13 million, and the Defendants expressed their intent that the victim would not want the punishment for the Defendants in return for promising the compensation for damage with the victim. In addition, comprehensively taking account of the following factors: the Defendants’ age, character and conduct, occupation and family environment, the background and consequence of the crime, and the circumstances after the crime, the lower court’s punishment against the Defendants is deemed unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the following decision is rendered after pleading.

[Reasons for the decision to see] Criminal facts and summary of evidence against the defendants recognized by the court is identical to the description of each corresponding column in the decision of the court below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, and Articles 347 (1) and 30 of the Criminal Act;

1. As seen earlier, Article 62(1) of the Criminal Act provides for the suspension of execution (the defendants).