Defendant

A shall be punished by imprisonment for eight months.

except that this shall not apply.

2. As to the grounds of appeal by Defendant A, Defendant A’s total amount of damage caused by each of the instant crimes was KRW 62 million, and the victims’ damage was not completely recovered, etc. are disadvantageous to Defendant A.

However, when Defendant A was in the trial, it appears that Defendant A was aware that all of the crimes of this case were recognized and against each other, as a result of efforts made by the victims for the recovery of damage, Defendant A deposited KRW 10.4 million in the trial for the victim G, and Co-Defendant B deposited KRW 1.3 million in the trial for the victim K, Defendant A deposited KRW 1.1.3 million in the victim K, and Co-Defendant B deposited the above money for Defendant A’s sole criminal conduct, or Defendant B’s co-defendant B deposited the above money for the defendant.

In full view of the following: (a) deposited each of the instant crimes; (b) there was no previous conviction prior to the instant crimes; (c) the crime of fraud finalized after being sentenced to a 1-year suspended sentence of 1-year imprisonment with prison labor as stated in the judgment of the court below; and (d) the equity in the case where each of the instant crimes is adjudicated simultaneously; (b) the Defendant’s age, character and conduct; (c) relationship with victims; (d) motive and circumstance of each of the instant crimes; and (e) the application of the sentencing guidelines of the Sentencing Committee by the Sentencing Committee is too unreasonable.

Therefore, Defendant A’s assertion is justified.

3. The judgment of Defendant B on the grounds of appeal by Defendant B became final and conclusive, and the attitude of recognizing and opposing the instant crime was shown, and Co-Defendant A made efforts to recover the damage in the trial of the party as a result, for Defendant G in the trial of the party.