The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for a term of two years and six months.

Defendant

B.

1. Judgment on Defendant A

A. The main point of the grounds for appeal is that the lower court’s punishment (four years of imprisonment) is too unreasonable.

B. Determination 1) The lower court calculated the punishment of recommendation on the instant crime of KRW 529,348,230 in total obtained money by Defendant A as the aggravated area (4 to 7 years) (4 years) of the aggravated area (not less than 500 million won, but less than 5 billion won) in the sentencing guidelines for the instant crime.

However, each crime of fraud, which constitutes the instant crime, constitutes a general fraud of less than 100 million won, and the type of the instant crime falls under the type 1 general fraud, and the type 3, which is the type of the instant crime, has increased at two levels as a result of summing up the types of crimes.

Therefore, the proper sentencing guidelines for the crime of this case is recommended as follows.

[Scope of Recommendation] General Frauds 3 types (50 million won or more, and less than five billion won): 2-7 types of increase in the aggravated area (two to seven years): The defendant's circumstances are examined within the scope of recommended punishment (two to seven years) under the above sentencing guidelines, where the two stages of increase in the number of concurrent crimes (special increase) are committed against unspecified or large number of victims.

The fact that 98 victims obtained 50 million won or more to commit the crime, the fact that most of the fraud amount is not returned, and the fact that many victims are punished by the defendant is disadvantageous.

However, there are more favorable circumstances, such as the fact that the criminal intent of defraudation does not reach a conclusive degree, the fact that the crime is being committed, the fact that the victim BG, V and the original agreement is not punishable by the above victims, and that there is no criminal record of property crimes.

In addition, comprehensively taking account of the motive and background of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., and all the sentencing conditions shown in the previous theories, the sentence of the court below is too unreasonable.

2. Judgment on Defendant B

A. The lower court’s sentence (one-year imprisonment) is too unreasonable, which is the gist of the grounds for appeal.

(b).