Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

Defendant

B.

A. Defendant A’s punishment (one year and six months of imprisonment) is too unreasonable.

B. The lower court’s sentence (as above, Defendant A, Defendant B: imprisonment with prison labor for one year, and 2 years of suspended execution) against the Defendants by the public prosecutor is too uneasible and unreasonable.

2. Determination

A. The defendant, who made a judgment on the unfair argument of sentencing by the defendant A and the prosecutor, participated in the singishing organization organized, planned, and intelligently conducted against many and unspecified persons, and recruited the withdrawal measures, and withdrawn the money by deceit, and remitted the money to accomplices. The role of the defendant performed is an essential part for the commission of the whole crime, and thus, the responsibility for the crime is not easy.

However, the fact that the crime of the defendant was committed only once and the money acquired by the defendant was not relatively larger than 5,950,000 won, the actual profits that the defendant acquired by the crime of this case was merely a small amount, the defendant repaid the money by defraudation, agreed with the victim, the confession and the second does not repeat the crime, the defendant's participation period, the defendant's attitude, age, sex, environment, family relationship, motive and circumstance of the crime, means and method of the crime, and the circumstances after the crime, etc. are somewhat unreasonable, and the defendant's argument is justified.

B. An unfavorable circumstance is that the Defendant was involved in the organization of the criminal act of the instant case by taking part in the determination of the Prosecutor’s unjust assertion of sentencing against Defendant B, and that the Defendant was subject to suspended execution.

However, the defendant's mistake and reflects, and the injured party wants to take the action against the defendant by agreement with the victim.