The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

except that from the date this judgment becomes final and conclusive.

1. The sentence imposed by the court below (one year and six months for each of the defendants) on the summary of the grounds for appeal is too unreasonable.

2. The amount of deceitation of this case is high as KRW 100 million. However, in light of the following facts: (a) the Defendants agreed with the victim and did not want the punishment of the Defendants; (b) the Defendants have recognized all the crimes to be committed in the first instance; (c) the Defendants appears to have recognized the seriousness of the crime of this case through the life in custody for a certain period of time; and (d) Defendant A supported the married children of Grade I without delay; and (c) Defendant B supported the aged parents with the custody of the aged parents, and the custody of the Defendants seems to entail considerable difficulty to their dependents, the sentence imposed by the lower court is somewhat heavy.

The decision is judged.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by this court is identical to the description of each corresponding column of the judgment below, except for adding “the Defendants’ statements in this Court” to the column for the evidence. As such, the summary of facts constituting an offense and evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Articles 347(1) and 30 of the Criminal Act; and the choice of imprisonment

1. The Defendants subject to suspended execution: The Defendants’ age, sexual conduct, environment, relationship to the victim, motive and consequence of the crime, etc. in light of the following circumstances as stated in Article 62(1) of the Criminal Act: the Defendants’ age, sexual conduct, environment, relationship to the victim, motive and consequence of the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions as indicated in the instant case.