The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

except that this judgment.

1. The decision of the court below on the summary of the grounds for appeal (eight months in imprisonment of each of the defendants) is too unreasonable.

2. Determination

A. The judgment on the grounds of appeal by Defendant A was conducted in collusion with Defendant B, and thus, Defendant A did not completely endeavor to recover from damage up to the trial.

In addition, considering the various circumstances that are the conditions for sentencing prescribed in Article 51 of the Criminal Act, such as the background, means and methods of the instant crime, the circumstances after the instant crime, the age, character and conduct, and environment of Defendant A, as well as the equity between the cases where a judgment in the lower judgment becomes final and conclusive at the same time, the sentence imposed by the lower court is too unreasonable.

B. Although Defendant B conspired with Defendant A to restrain the criminal conduct of fraud, Defendant B appears to have used most of the amount of fraud, Defendant B deposited KRW 60 million for the victim, making a confession of the crime in the first instance.

In addition to these circumstances, considering various conditions of sentencing as shown in the records, such as Defendant B’s age, character, conduct and environment, the sentence of the lower court is too unreasonable.

3. As the appeal by Defendant A is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. Since the appeal by Defendant B is with merit, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is

Criminal facts

As stated in each corresponding column of the judgment below, the summary of the crime and evidence against Defendant B, which is recognized as a party member of the summary of the evidence, shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the selection of criminal facts;