A. Defendant A’s sentence (6 months of imprisonment) is too unreasonable.

B. Defendant B (1) misunderstanding the facts, in collusion with Defendant A, did not have acquired the victim’s 20 million won from the victim E, but the lower court convicted Defendant B by misunderstanding the facts.

(2) The sentence of the lower court (an amount of KRW 5 million) which is unfair in sentencing is too unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to Defendant B’s assertion of mistake of facts, the court below acknowledged the fact that Defendant B conspired with Defendant A and acquired KRW 20 million from the victim E [Defendant A and the victim E consistently stated that “Defendant B was a private person on the loan certificate of this case (No. 27th page of the investigation record) at the place where Defendant A, Defendant B, and the victim E met together,” and the appellate court of the lawsuit claiming the loan of this case filed by the victim E against Defendant B (Seoul District Court Decision 2014Na9368) also acknowledged the fact that Defendant B was a private person on the loan certificate of this case. It did not err in the misapprehension of facts as alleged by Defendant B.

B. We examine the judgment on the defendants' unfair argument of sentencing, the defendant A recognizes and reflects all the crimes in the judgment of the court, the defendant A pays approximately KRW 2,40,00 to the money obtained through deceit under paragraph (1) of the crime in the judgment of the court below as interest, and some interest on the money obtained through deceit under paragraph (2) of the crime in the judgment of the court below seems to have been paid to the defendants, and all the defendants do not have any previous criminal record, etc. are the sentencing factors or the amount of damage that are favorable to the defendants, and the damage to the victims has not been recovered to the trial, and the records and arguments are shown in other records, such as the defendants' age, sex, environment, the circumstances and results of the crime in this case, and the circumstances after the crime.