The judgment below

The part of the compensation order shall be revoked, and the part concerning Defendant B shall be reversed.

Defendant

B. Imprisonment.

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. Determination

A. Defendant A transferred a physical card under the name of Defendant A to the scam criminal organization to play an essential role in the crime of fraud, and thus, Defendant A was responsible for the act of fraud, and then withdrawn the amount of fraud damage deposited into his account and made personal consumption.

In the first instance court, Defendant B’s restoration of 2,450,00 won of the defrauded money to the victims, but the victims did not express their intention not to punish Defendant A. In light of all the sentencing conditions specified in the records and arguments of this case, including the Defendant A’s age, character and conduct, and circumstances after the crime, etc., the lower court’s punishment is appropriate within the reasonable scope of discretion, and the Defendant A’s assertion of unreasonable sentencing is without merit.

B. Defendant B participated in the crime of fraud and consumed the amount of damage with Defendant A.

However, the role performed by Defendant B in committing the crime was written, and it was agreed that all victims and the amount of damage were repaid in full.

In addition, considering the sentencing conditions such as Defendant B’s age, character and conduct, and circumstances after the crime, the sentence of the court below is too unreasonable. The Defendant B’s assertion pointing this out has merit.

3. In conclusion, Defendant A’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and Defendant B’s appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act,

Article 33 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, since the applicant for compensation submitted a written agreement to the effect that the applicant for compensation received the amount of damages from Defendant B and agreed smoothly, and the existence and scope of the Defendants' liability is not clear.