Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

Defendant

A.

A. Defendant B’s mistake of facts acknowledged the crime under Article 2(a) of the facts charged for a single criminal act; however, as to the crime under Article 2(b) of the facts charged which was prosecuted for committing a crime with H, the Defendant merely informed H of the method of receiving compensation and did not intend to divide the compensation received with H, and there was no conspiracy to commit the above crime.

B. The lower court’s sentence (one year of imprisonment by each of the Defendants) against the Defendants on unreasonable sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding Defendant B’s assertion of mistake, the court below stated that ① by actively requesting the I to arrange for the excavation of a grave and receive commission fees, and ② before that time, H and I were unaware of each other. ② From the investigation agency to the court of the court of the court below, the first consistently stated that “the Defendant himself has paid the Defendant’s money that he would receive from H, which he would receive.” Thus, at the Defendant’s request, he clearly stated that “I would have received the money that he would receive from H, and he would have designated H as a non-claimed and non-claimed grave,” and that there was no circumstance to doubt that the statement was false, and ③ at the investigation agency, the Defendant was entitled to KRW 2 million from the wife, not from now, and the Defendant would have received the money of KRW 300,000,000 from H to the name of the Defendant’s statement that “I would have to receive the said money from 30,000.”