Defendants shall be punished by imprisonment for ten months.

However, for two years from the date this judgment becomes final and conclusive.

2. We also examine each of the allegation of unfair sentencing by the Defendant and the prosecutor.

Defendant

A has the record of suspending the execution of imprisonment with labor for the same crime, and Defendant B has a previous criminal record, the amount of fraud reaches KRW 200,000,000, not complete recovery of damage, and it is disadvantageous to the victim.

In full view of the following factors: (a) the Defendants led to confession and reflect; (b) the Defendants repaid a significant portion of the amount of damage to the victims in the lower court; and (c) the Defendants repaid the remaining amount of damage to the victim in the lower court; and (d) the victims do not want the punishment of the Defendants under the agreement with the victim, the sentence imposed by the lower court is unreasonable

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the judgment below is delivered again after pleading as follows.

(3) Article 369 of the Criminal Procedure Act provides that a public prosecutor’s appeal shall not be dismissed in the disposition, inasmuch as the defendant’s appeal is accepted and the judgment of the court below is reversed. (4) [Attachment] Criminal facts and summary of evidence recognized by the court and summary of evidence are identical to the facts constituting the offense and summary of the evidence, and thus, the same shall be

Application of Statutes

1. Article 347 (1) and Article 30 of the Criminal Act, the choice of imprisonment with prison labor, as to the facts constituting the crime;

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act