The judgment of the court below is reversed.

Defendant

B Imprisonment with prison labor of 3 years and 6 months, Defendant D's imprisonment with prison labor of 2 years, Defendant A and C respectively.

Summary of Grounds for Appeal

The sentence of the court below (for defendant B: 5 years of imprisonment, defendant A, C, and D, 3 years of imprisonment) is too unreasonable.

Judgment

In light of the fact that each of the crimes of this case was committed by the victims or attempted to defraud or defraud the money in the name of gambling fund from the victims, and the nature of the crime is very serious in light of the criminal law, frequency of the crime, the number of victims, and the scale of damage, etc., the defendant A is punished by fraud; the defendant B is punished by a fine; the defendant C is sentenced to imprisonment with prison labor due to habitual fraud; the defendant C is sentenced to a suspended sentence of imprisonment with prison labor due to fraud; and the defendant D commits each of the crimes of this case during the period of repeated crime due to the same crime; in particular, the defendant B and D committed each of the crimes of this case during the repeated crime due to the same crime; although the defendants did not agree with the victims of the crime of this case; the defendant D did not prepare funds necessary for each of the crimes of this case; the defendant B prepared the target of the crime; and the distribution of the money through deception; and it seems inevitable to take the core role of each of the crimes of this case, such as taking more amounts than the other defendants.

However, the defendants confession and reflect each of the crimes of this case, and the defendant A deposited KRW 10 million for the victim F in the court below, and agreed with the victim F in the court below. The defendant B agreed with the victim F and K in the court below. The defendant C agreed with the victim F and K in the court below, the victim K and the defendant C agreed with the victim F in the court below, the defendant C agreed with the victim F in the court below, the defendant D agreed with the victim F in the court below, and the defendant D agreed with the victim F in the court below, and all of the sentencing conditions shown in the argument of this case, such as the defendants' age, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime.