The judgment below

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

Defendant

A shall be punished by imprisonment for six months.

except that this shall not apply.

1. Summary of grounds for appeal;

A. The Defendant did not mislead the victim in collusion with the deceased F. The Defendant did not deceiving the victim.

B. The lower court’s sentence (Defendant A: imprisonment with prison labor for six months, Defendant B: imprisonment with prison labor for three months and one year of suspended execution) is too unreasonable.

2. The Defendant asserted the same purport as the above grounds for appeal even in the lower court’s determination of mistake of facts by Defendant A.

The court below rejected the above assertion in detail by clearly explaining the summary of the evidence among the reasons for the judgment.

Examining the above judgment of the court below with evidence records, the judgment of the court below is just, and there is no error of law by misunderstanding facts in the court below, which affected the conclusion of the judgment.

Therefore, the defendant's assertion is without merit.

3. The fact that the money acquired by Defendant A from the victim on the allegation of unfair sentencing is a total of KRW 46 million and is a considerable amount of money is an unfavorable factor in sentencing.

However, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, degree of damage, and circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

4. There are extenuating circumstances such as: (a) there is no previous fault on Defendant B’s assertion of unfair sentencing; (b) recognition of and reflects on the instant crime in lieu of the Defendant; and (c) deposit KRW 5 million in the lower court for the victim.

However, considering the fact that the damage was not completely recovered, and other various sentencing conditions, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, degree of damage, and circumstances after the crime, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

5. The conclusion is that Defendant A’s appeal is reasonable, so the judgment of the court below against Defendant A pursuant to Article 364(6) of the Criminal Procedure Act.