The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

except that this judgment.

1. The sentence of the lower court against the Defendants on the summary of the grounds of appeal (two years of suspended sentence in August, 200, two years of community service order, two years of suspended sentence in April, and two years of suspended sentence in April) is too unreasonable.

2. The Defendants, at the construction site, acquired a total of KRW 37 million by deceiving the victim, etc. with no intention or ability to have the right to operate a restaurant. In light of the criminal history and the method of the crime, the crime is inferior, and the Defendants have the record of punishing the same kind of fraud in the past.

However, in full view of all the elements of sentencing as shown in the arguments, including the facts leading to the crime and the degree of the defendant's participation, age, sex, family environment, etc., the sentence of the court below is somewhat unreasonable, and thus, the defendants' assertion pointing this out is justified.

3. As the appeal by the Defendants is with merit, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is identical to each corresponding column of the judgment of the court below, except for adding “the Defendants’ oral statement” to the summary of the evidence of the court below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Articles 347(1) and 30 of the Criminal Act (the first fraud of the judgment, the choice of imprisonment), and Article 347(1) of each Criminal Act (the second fraud of the judgment, and the choice of imprisonment)

B. Defendant B: Articles 347(1) and 30 of the Criminal Act (Options of imprisonment)

1. A aggravated defendant for concurrent crimes: The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendants in a suspended sentence: Article 62(1) of the Criminal Act (see, e.g., Grounds for the above reversal);