The judgment below

The remainder, excluding a compensation order, shall be reversed.

Defendant

A, Defendant, and Defendant, respectively, shall be punished by imprisonment of two years and six months.

Summary of Grounds for Appeal

Each sentence of the court below against the defendants (the defendant A: 4 years of imprisonment and the defendant B: 3 years of imprisonment) is too unreasonable.

Judgment

The amount of the defendants' joint defraudation is about KRW 430 million, and the defendant A acquires the amount of KRW 70 million in addition to the above money and acquires it more than the total amount of KRW 70 million, and most damages are not recovered even though there are many victims, and it is disadvantageous that the state uses the trust relationship of the victims.

However, the defendants recognized their mistake, and there is no previous conviction in the court below, and the victim AC, I,O, and M (a total of approximately KRW 80 million) was agreed upon by the court below. The court below's further agreement with the victim R, S, AI, W, X, Z, Y, N, Y, T, K, K, AM, AM, AAL, L, AA, AB, and AB (a total of KRW 230 million, the actual amount of damage reimbursement, approximately KRW 21.5 million), and the defendant B was not a married couple, and there is no favorable circumstance that the defendant was old and healthy, and the sentencing conditions of this case, such as the background of the crime of this case, the circumstances after the crime, the age of the defendants, the age of the defendant, and the character and conduct environment, are considered to be unfair, and the defendant's assertion is justified.

In conclusion, the defendants' appeal is reasonable, and the remaining part of the judgment below except the compensation order is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided again through pleading as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the crime, the choice of punishment, and Article 30 of the Criminal Act (the choice of imprisonment: Provided, That Article 30 of the Criminal Act with respect to Defendant A shall be limited to the portion conspired with Defendant B

1. Each of the concurrent crimes: