All appeals filed by the prosecutor against the Defendants are dismissed.

1. The summary of the grounds of appeal is that the instant fraud crime was financed by false documents, etc., which is highly likely to be subject to strict punishment in light of its high possibility of criticism, and that there is a need for the relevant punishment, the nature of the crime was inferior, and the actual failure to recover damage and the possibility to repay damage in the future is not high. In light of the above, each punishment (the community service order of two years and 80 hours of suspended execution and 160 hours of imprisonment for one year) that the court below sentenced the Defendants (the community service order of two years and 160 hours of suspended execution and 10 hours of imprisonment for ten months) is unfair.

2. Determination

A. In light of the fact that the role of a lessor in the completion of the instant crime as to the allegation of unfair sentencing against Defendant A is also important, it cannot be deemed that the nature of the crime is less than that of a person who takes the role of a false lessee. However, there are circumstances that can be considered as positive factors for sentencing, such as the fact that the Defendant made an effort to pay damages by depositing KRW 6.5 million in addition to the fact that the Defendant was in a trial, and that the Defendant appears to have taken an attitude against himself

In light of the above favorable circumstances and the circumstances leading to the Defendant to the instant crime, the circumstances after the commission of the crime, the age and environment of the Defendant, and personality and conduct, and the reasons for sentencing of the lower judgment, compared with the reasons for sentencing as indicated in the instant records and arguments, the lower court’s sentence against the Defendant is too uneasible and unreasonable.

B. As to Defendant B’s assertion of unfair sentencing on the ground of unfair sentencing, the Defendant was in the process of settling in Korea as North Korean defectors, suffering from heavy stress disorder, etc. The Defendant’s criminal responsibility is heavy, but the Defendant’s opportunity to prevent and reflect recidivism through intra-social treatment instead of isolation of the Defendant, and the execution of punishment was postponed by attaching community service to the Defendant, and other Defendant.