The judgment of the court below is reversed.

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for ten months.

except that this shall not apply.

1. The main points of the grounds for appeal are as follows. Each punishment of the lower court (one and half years of imprisonment with prison labor, and ten months of imprisonment with prison labor) against the Defendants is too unreasonable.

2. In light of the scale of each of the instant damage, the Defendants’ failure to agree with the victim F and D, respectively, are disadvantageous to the Defendants.

However, in full view of the favorable circumstances, such as the fact that the Defendants recognized their mistakes and oppose each other, the circumstances leading up to and motive for the Defendants’ respective crimes, the Defendant B agreed with the victim of the crime, and the fact that the considerable amount of the embezzlement damage appears to have been returned, and other circumstances that form the conditions for the sentencing specified in the instant pleadings, including the Defendants’ age, character and conduct, environment, family relationship, and the circumstances after the crime, the lower court’s punishment against the Defendants is unreasonable.

3. As the Defendants’ appeal is with merit, the lower judgment is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the lower judgment is reversed and the judgment is rendered again as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 347(1) of the Criminal Act (Fraud) and choice of imprisonment

B. Defendant B: Articles 356 and 355(1) of the Criminal Act (the point of occupational embezzlement), Article 347(1) of the Criminal Act (the point of fraud), and each choice of imprisonment.

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act (Consideration of favorable circumstances in the preceding);