The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, as to Defendant A, this shall not apply.

1. With respect to the lower court’s sentence (Defendant A: 6 months of imprisonment, Defendant B: 1 year of imprisonment), the prosecutor filed each appeal on the grounds that the Defendants were too uneasible and unfair, on the grounds that the sentence is too unreasonable.

2. The crime of fraud of this case was committed against Defendant B, who was introduced from Defendant B’s son, did not actually have the claim for the construction cost at the time of this case. Even if Defendant B borrowed money from the victim G in terms of construction cost, the crime of fraud of this case was thought to be appropriated for paying the 100 million won to Defendant A. However, as if it would be possible to fully repay the principal and interest of the money within one month after the completion of construction cost, the payment of the construction cost could be received within 100 million won. In the process, Defendant B, as if Defendant B was one of the persons trusted by Defendant B, could not pay the money, was responsible for the crime of this case, thereby deceiving the victim G to obtain KRW 100 million from the victim, and the crime of embezzlement of this case is very poor in view of the Criminal Law and the amount of money acquired by Defendant B from the victim, and the circumstances leading Defendant B to the crime of this case to obtain 100 million won from the third party of this case by arbitrarily borrowing the money from the victim M&C.