Defendants shall be punished by imprisonment for six months.

However, this judgment is delivered against Defendant B.

A. The Defendants’ respective sentences (Defendant A: Imprisonment with prison labor for 8 months and Defendant B: Imprisonment with prison labor for 6 months) imposed by the lower court on the Defendants are too unreasonable.

B. The prosecutor (unfair form of punishment) ordered by the court below to the Defendants is too uneasible and unfair.

2. We examine ex officio the Defendants and the Prosecutor’s grounds of appeal prior to the determination of their respective grounds of appeal.

Since Article 32 (2) of the Criminal Code provides that "the punishment of accessories shall be mitigated to less than that of the principal offender," the accessories constitute a reason for the requisite mitigation.

Nevertheless, the judgment of the court below determined the punishment for the crime of aiding and abetting fraud against the Defendants who are subordinate offenders and did not reduce the law pursuant to the above provision. In this regard, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the Defendants and the prosecutor's respective arguments on unfair sentencing, and the judgment below is reversed and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to the facts constituting the offense and summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act, Articles 347(1), 32(1), and 30 of the Criminal Act, Articles 49(4)1 and 6(3)1 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act, the choice of imprisonment for a crime, and the choice of punishment;

1. Articles 32(2) and 55(1)3 of the Criminal Act for aiding and abetting and mitigation (as to the crime of aiding and abetting by fraud), respectively.

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

1. Defendant B: Article 62(1) of the Criminal Act (the following favorable circumstances) 1.