The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for four months.

, however, for two years from the date this judgment becomes final and conclusive.

1. The prosecutor of the grounds of appeal and the Defendants asserted that the sentencing of the lower court against the Defendants (4 months of imprisonment each) is too minor or unreasonable.

2. In light of the fact that the Defendants deceptioned the victim by issuing a letter of guarantee to the victim, and received each of the 15 million won from the victim, the crime is not less complicated.

However, the sentencing of the court below is somewhat heavy in full view of the following circumstances: (a) the Defendants were forced to punish the Defendants by mutual consent with the victims; and (b) the Defendants’ age, character and conduct, family environment, and criminal records are subject to the conditions of sentencing.

3. Thus, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' assertion is with merit, and the judgment below is judged again as follows.

(On the other hand, the prosecutor's appeal shall be dismissed for the reason that it is without merit. However, since the judgment of the court below is reversed by accepting the defendants' appeal and the judgment is delivered again, it is not indicated in the order). Criminal facts and summary of evidence against the defendants recognized by this court are the same as stated in the corresponding column of the judgment of the court below, and thus, they are cited as it is in accordance with

Application of Statutes

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: each of the Defendants is subject to imprisonment under Article 347(1) of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

2. It is so decided as per Disposition on the grounds that the part of the judgment is more favorable to the Defendants.