All the judgment below is reversed.

Defendants shall be punished by imprisonment for ten months.

However, as to Defendant A, this shall not apply.

1. The summary of the grounds for appeal is too unreasonable that the sentence (one year of imprisonment with prison labor for the defendants A and two years of imprisonment for the defendants E) declared by the court below to the defendants.

2. The judgment of the Defendants’ crime of this case is reasonable by deceiving the victimY without the intent or ability of the Defendants to repay the borrowed money and by deceiving the victim Y, which is 237,50,000 won. On the other hand, Defendant E was punished twice by the same criminal record.

However, in light of the favorable circumstances, such as the Defendants’ confessioning of the instant crime and going against the mistake, the Defendants’ consent and reimbursement of part of the amount to the victims, and the Defendant’s consent, and the absence of any criminal record against Defendant A, and other favorable circumstances, such as the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the instant arguments and records, it is recognized that the lower court’s punishment against the Defendants is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is reasonable, and the judgment below is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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

2. Defendant A who has been suspended from execution: Article 62 (1) of the Criminal Act ( normal consideration in favor of the defendant in the cause of reversal);