Defendants shall be punished by each fine of KRW 3,000,000.

The above fines are imposed by the Defendants.

Each sentence (six months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) sentenced by the court below to the defendants is unfair.

Judgment

In light of the following: (a) the sum of the amount of damage caused by each of the instant crimes exceeds KRW 19,60,000, and the Defendants did not agree with the victim until the trial is held, the Defendants should be punished strictly; (b) however, considering the fact that the Defendants led to the confession of each of the instant crimes and reflect their mistake in depth; and (c) the circumstances leading to the Defendants’ occurrence of each of the instant crimes, including the fact that there are some circumstances to take into account the circumstances leading to the instant crimes; and (d) the sentencing conditions indicated in the records and arguments, the lower court’s punishment against the Defendants seems to be somewhat unreasonable, and thus, the Defendants’ assertion of unfair sentencing is reasonable.

In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is justified.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The Defendants: Articles 347 (1) and 30 of the Criminal Act concerning the applicable criminal facts and the choice of punishment;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Defendants to be detained in a workhouse: Articles 70 and 69(2) of the Criminal Act;