The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (ten months of imprisonment) is too unreasonable.

B. Defendant B (1) In collusion with Defendant A, there is no fact that Defendant B acquired the service cost of KRW 100 million from the victim.

(2) The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination:

A. Defendant B had the same assertion as the grounds for appeal in the original judgment, and the lower court rejected the above assertion by stating in detail the above Defendant’s assertion and its decision.

Examining records in comparison with the evidence duly adopted and examined by the court below, the judgment of the court below is just, and the above defendant's assertion of mistake of facts is without merit.

B. In addition to the favorable circumstances revealed by the lower court of unreasonable sentencing, Defendant A recognized the crime by Defendant A’s attempt to commit the crime at the trial of the lower court, and agreed with the victim’s bereaved family members by paying partial damages to the Defendants later. Considering the above changes in circumstances, the lower court’s punishment against the Defendants is somewhat heavy.

3. The judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is ruled again as follows.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are as stated in each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act and the Defendants’ choice of punishment for criminal facts

1. Defendants who commit concurrent crimes: the latter part of Articles 37 and 39(1) of the Criminal Act;