All judgment of the court below shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for two years and eight months, and by imprisonment for six months.

1. The summary of the grounds for appeal is that each of the punishments (the first instance court: the imprisonment of two years and confiscation and additional collection against the defendant A; the imprisonment of six months and six months for the defendant B; the second instance court: the imprisonment of eight months and six months for the defendant A; and the second instance court: the imprisonment of eight months and six months for the defendant A) declared by the court below to the defendants is too unreasonable.

2. Determination:

A. This court decided to hold a joint hearing of each appeal case against Defendant A with respect to the judgment of the court of first instance, the judgment of the court of second instance, and the judgment of the court of third instance. On the other hand, each of the offenses against Defendant A in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of a limited term of punishment, pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court of first instance, the judgment of the court of second instance, and the judgment of the court of third instance against Defendant A cannot be exempted from all reversal.

B. The crime of this case in collusion with Defendant A and J is acknowledged that Defendant B acquired a loan of KRW 36 million from the victim Hyundai Capital Co., Ltd., and that the nature of the crime is not less than that of the crime in light of the method and content of the crime.

However, in full view of the following factors: (a) Defendant B led to the confession of the instant crime and his mistake in depth; (b) sought ways to recover his claim against J; (c) appears to have led to the instant crime by the introduction of Defendant A, an illegal loan broker; (d) the victim and the above victim have not been punished for the same kind of crime; and (e) other various sentencing conditions specified in the instant pleadings, such as Defendant B’s age, career, character and behavior, character and environment, environment, motive and background of the crime, means and methods of the crime, and the consequences of the crime; and (e) the circumstances after the crime, etc., the lower court’s punishment against Defendant B is somewhat unreasonable.