The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year.

However, this decision is delivered to the Defendants.

1. The summary of the grounds for appeal was examined by the Defendant B and the defense counsel on the second date of trial of the appellate court, which led to the misconception of facts, incomplete hearing and withdrawal

The punishment sentenced by the court below (one year of imprisonment for each defendant) is too unreasonable.

2. The Defendants provided the above machinery as a security without properly informing the legal relationship as to the manufacturing machinery of this case, and did not pay the price of the raw materials from the victimized company even after receiving the raw materials. The amount obtained by deception is about KRW 150 million.

However, in the trial, the defendants recognized the crime of this case and violated the mistake.

The Defendants paid KRW 60 million to the victimized company at the lower court. After the sentence of the lower judgment, the victimized company does not want the punishment of the Defendants by mutual consent with the victimized company.

In full view of the circumstances, including the Defendants’ age, occupation, family relationship, health condition, living environment, etc. as shown in the arguments of the court below and the party hearing, the sentence against the Defendants is unreasonable, because it is unreasonable for the court below to impose punishment on the Defendants.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is based on its reasoning, and the judgment below is again ruled as follows.

[Dao-written judgment] The criminal facts and the summary of the evidence admitted by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except where "the defendant's oral statement" is added to the summary of the evidence. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347(1) and 347(1) of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts

1. Suspension of execution;