All appeals by the Defendants are dismissed.

The summary of the grounds for appeal (e.g., punishment A) sentenced by the court below (e.g., imprisonment with prison labor for three years and six months, and imprisonment with prison labor for one year) is too unreasonable.

Judgment

Based on the statutory penalty, the sentencing is a discretionary judgment that takes into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate range.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(2) On July 23, 2015, the lower court determined that: (a) Defendant A was aware of, and against, his/her own crime under favorable circumstances; (b) Defendant A was not subject to any criminal punishment other than a fine for one time due to drunk driving; (c) Defendant B was a aiding and abetting part of Defendant A’s fraud; and (d) Defendant A was unaware of KRW 720,00,000 in total from the victim by deceiving himself/herself and the Defendant B’s financial history, etc. against the victim; and (c) Defendant B aided and abetting the victim to take 397,00,000,000 won, thereby causing serious damage to the victim; and (d) Defendant A was aided and abetting the victim to take 397,00,000 won from among them; and (e) the background, method, and method of the instant crime.