The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for eight months.

Defendant of the Prosecutor.

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (one year of imprisonment) is too unreasonable.

B. The Prosecutor (as to Defendant B), the lower court’s sentence (as to a fine of KRW 7 million) is too unhued and unreasonable.

2. Determination

A. In light of the circumstances such as: (a) the degree of damage to each of the instant frauds in determining unfair sentencing claims by Defendant A is considerably large; (b) the recovery of damage has not yet been made; and (c) the demand for payment has been made; (d) the Defendant forged and exercised a written confirmation under the name of another person in order to delay the payment period; and (e) the history of punishment for fraud has been three times, it is necessary to punish the said Defendant with severe punishment.

However, there are extenuating circumstances that are favorable to the above defendant, such as the fact that the above defendant reflects his mistake in depth, that there was an agreement with the victim P, that the victim H paid a sum of KRW 56 million in the court below, and that part of the damage was recovered by paying a sum of KRW 28 million in the court below, etc.

In full view of the above circumstances and other conditions of sentencing, such as Defendant A’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the lower court’s punishment is somewhat unreasonable.

Therefore, Defendant A’s assertion is justified.

B. In a case where there is no change in the conditions of sentencing compared with the first instance court on the prosecutor’s assertion of unfair sentencing on Defendant B, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, based on its stated reasoning, sentenced Defendant B to the said sentence on the grounds of sentencing, and there is no special circumstance or circumstance to newly consider the sentencing of the above Defendant in the trial. In so doing, the instant records and arguments, including Defendant B’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, are recorded.