All judgment of the court below shall be reversed.

Defendants shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. Defendant A (in fact-finding, misunderstanding of legal principles, and unreasonable sentencing) was aware of the operation method of the upper mutual aid and aid system of this case, and thus, the Defendant did not receive money from the victims.

Since victims received profits from the upper aid system of this case, it cannot be deemed that the defendant had no intention or ability to pay the mutual aid money to the victims by operating the system normally.

In relation to the amount of fraud, it is impossible to calculate the amount of damage only by the statement of the victims, and the amount of money or the borrowed money used for operating the fraternity shall not be deemed the amount of fraud of the defendant.

In particular, in the case of victim E, there is no evidence to support the fact that the victim E paid up KRW 8 million as a deposit, and the lender of the victim C at KRW 5 million as of February 26, 2016 is H.

In addition, since the defendant used both the deposit money received for the operation of the fraternity, the defendant did not gain any profit.

In addition, the punishment sentenced by each court below (six months of imprisonment) is too unreasonable.

B. Defendant B (the fact-finding, the unreasonable sentencing) only shared some of his duties according to the direction of Defendant A, but does not have a competitive relationship with Defendant A.

In addition, the punishment sentenced by each court below (six months of imprisonment) is too unreasonable.

2. Determination

A. Defendant A asserted the same purport as the above grounds for appeal even in each court below's judgment on the misconception of facts and misapprehension of legal principles against Defendant A.

Each court below rejected the above assertion by properly explaining its decision.

In this context, if Defendant A received the fraternity from the victims without intent or ability to pay the fraternity to the victims by operating the fraternity normally, the crime of fraud is established whenever it is delivered.