The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

except that this judgment.

1. The summary of the reasons for appeal is that the respective punishment of the court below (Defendant A: imprisonment with prison labor for 6 months and Defendant B: imprisonment with prison labor for 4 months) is too unreasonable.

2. Defendant A led to a crime, and Defendant B committed the instant crime during the period of suspended execution due to the same crime of fraud.

The amount of damage is also reasonable, and only two years have passed since the crime was committed, the damage was completely recovered.

On the other hand, all the defendants are showing an attitude to reflect their mistakes in depth.

Defendant

A repaid 7 million won to the victim after the conclusion of the oral argument in the court below.

Defendant

A has no record of the same crime.

Defendant

B is not a large amount of profit gained by committing the instant crime.

In the past, the Defendants agreed with the victims in the first instance.

In addition, considering the various sentencing factors in the arguments, such as the defendants' age, living environment, motive and background of the crime, relationship with the victim, circumstances after the crime, and criminal records, and the sentencing guidelines of the Supreme Court as stated by the court below, the sentence of the court below is deemed unfair.

The defendants' argument of sentencing is justified.

3. As the Defendants’ appeal is reasonable, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the final judgment is reversed, and the subsequent decision is rendered after pleading as follows.

【Grounds for another judgment】 The description of each corresponding column of the judgment of the court below shall be quoted pursuant to Article 369 of the Criminal Procedure Act, which is stated in the facts constituting an offense and summary of evidence.

Application of Statutes

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of punishment for a crime;

1. Determination of the grounds for sentencing under Article 62(1) of the Criminal Act (hereinafter “determination”), taking into account various circumstances, shall be determined as ordered by the sentence.