The judgment of the court below is reversed.

Defendant

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

, however, the defendant.

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s respective sentence against the Defendants (Defendant A: 10 months of imprisonment, Defendant B: 6 months of imprisonment) is too unreasonable (the Defendants withdrawn their assertion of mistake as to each fact on the first trial date). 2. The amount obtained by the Defendants through deception (total KRW 70 million) on the first trial date of the lower court, and the victims want to be punished by the Defendants due to their failure to obtain most of the damages.

However, even according to the victim's statement, the victim heard the speech that "the defendant A carries on illegal business, such as golf gambling," and invested in it, and thus, there seems to be some reasons for the damage of this case.

In addition, the fact that the Defendants appears to have paid approximately KRW 20 million to the victims as repayment, etc., the victims received KRW 6.5 million from the investigative agency on April 8, 2016.

Considering the following circumstances: (a) Defendant A’s statement (as of page 15 of the record of evidence); (b) received KRW 8,540,00,00 from the insurance proceeds to the Defendants’ wife (W) (as of page 97 of the record of trial); and (c) received KRW 5,50,000 from November 15, 2017 (as of page 107 of the record of trial); (b) Defendant B was the primary offender; (c) there was a child to be nurtured against the Defendants; and (d) other various circumstances on the sentencing conditions, including the Defendants’ age, sex, sex, environment, motive, relationship with the victim; and (e) the role in the crime, etc., the lower court’s each sentence against the Defendants appears to be unreasonable.

3. As the Defendants’ appeal is well-grounded, the lower judgment is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment is rendered again following the pleadings.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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