Defendant

A shall be punished by imprisonment of one year and ten months, and by imprisonment of one year and four months.

The sentence of the lower court against the Defendants (two years of imprisonment for the Defendants A, and one year and six months of imprisonment for the Defendants B) is too unreasonable.

Judgment

The crime of this case is a small-sum fraud committed against many unspecified people who need to be loaned. The defendants are not guilty in light of the law of the crime and the frequency of the crime, such as making a false name, making a false name, using a large phone, and using a large passbook, etc., and the total amount of fraud of this case reaches approximately KRW 70 million. However, it is recognized that the defendants have recovered considerable damage in the court below and the court below, and the defendants have no record of punishment for the same crime, and all of the sentencing conditions such as the age, character and conduct, environment, and circumstances after the crime are considered to be improper. Thus, the defendants' assertion is justified.

Therefore, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendants' appeal is justified, and the judgment is delivered again as follows.

Criminal facts

The summary of the evidence and the facts charged against the Defendants recognized by this court and the summary of the evidence are as follows: (a) except for the case where “1. Defendants’ partial statement” in the summary of the evidence written in the original judgment is used as “1. Defendants’ respective legal statements”, and thus, it is identical to each corresponding column of the original judgment. As such, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Article 34 of the Act on Acquisition of Means of Access, and Selection of Imprisonment

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

1. Article 48 (1) of the Criminal Act of confiscation;