The judgment below

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

Defendant

B A person shall be punished by imprisonment for a year and six months.

evidence of seizure.

1. Summary of grounds for appeal;

A. Defendant B 1’s mistake or misunderstanding of the legal principles [the point of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (which is a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes)] is not separate from three copies of promissory notes, the face value of which is KRW 390 million per face value, which is KRW 130 million, (hereinafter “No. 2”). Thus, the amount equivalent to the face value is not included in the calculation of gains provided for in Article 3(1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (which is a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) and the Defendant is only liable for special crimes of conflict under the Criminal Act.

2) The sentence of the lower court’s unfair sentencing (two years of imprisonment, confiscation) is too unreasonable.

B. Defendant A1) The Defendant was physically and mentally weak at the time of committing the instant crime by taking a long-term control of narcotic truth, etc.

2) The sentence of the lower court (one year and six months of imprisonment) that was unfair in sentencing is too unreasonable.

2. Determination

A. As to Defendant B’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the lower court determined that once the Defendant was prepared with the first and second bills effective from the injured party, the amount equivalent to its par value should be included in the calculation of the profit amount provided for in Article 3(1) of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and applied Article 3(1)2 of the same Act to this part of the facts charged.

2) However, the lower court’s determination is not acceptable for the following reasons.

A) In the case of a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes due to fraud, it is a part of the constituent elements of the crime that the value of the property or profits on property acquired through deception is 50 million won or more or 5 billion won or more, and the punishment for the crime is aggravated according to that value. Therefore, the value of the property or profits on property acquired through deception is strict in applying