Of the judgment of the court of first instance, the part against Defendant A and the judgment of the court of second instance shall be reversed, respectively.

Defendant

A shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Defendant A’s punishment (the first instance court: imprisonment with prison labor for one year, and second instance court: imprisonment with prison labor for four months) is too unreasonable.

B. Defendant B’s punishment (an amount of KRW 10 million) by the lower court is too unreasonable.

(c)

Defendant

C1) In fact, Defendant C merely introduced Victim G to Defendant B, and did not participate in Defendant A and B’s fraud.

(2) The sentence of the lower court that is unfair in sentencing (an amount of KRW 10 million) is too unreasonable.

(d)

Each sentence imposed on the Defendants of the first instance court is too unhued and unfair.

2. Determination

A. Prior to the judgment on the grounds for appeal by Defendant A’s ex officio, the judgment of the first instance court and the judgment of the second instance against Defendant A rendered each judgment, and the prosecutor also filed an appeal against the judgment of the first instance court, and this court made a decision to jointly examine the above two appeals cases. Since each of the above judgment of the court below against Defendant A is concurrent crimes under the former part of Article 37 of the Criminal Act, each of the above offenses against Defendant A should be sentenced to one punishment pursuant to Article 38(1) of the Criminal Act, and thus, the above judgment of the court below against Defendant A cannot be maintained as it is.

B. Determination as to Defendant C’s assertion of misunderstanding of facts is not required under the law, and there is a combination of two or more persons’ intent to jointly process and realize a crime. Although there is no process of the whole conspiracy, if there is a combination of intent to realize a crime through the joint processing of the crime, the conspiracy relationship is established in order or impliedly, and as long as such conspiracy has been made, even those who did not directly participate in the execution shall be held liable as a joint principal offender for the other accomplices’ act.