The judgment of the court below is reversed.

Defendant

B Imprisonment with prison labor for two years, and for one year and six months, each of the defendants A.

(b).

1. Summary of grounds for appeal;

A. The sentence that the court below sentenced the defendants to the defendants (three years of imprisonment, two years and six years of imprisonment, and four years of suspended execution) is too unreasonable.

B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.

2. The amount obtained by the Defendants from the damaged company reaches approximately KRW 2.5 billion, and most of them were not recovered.

Defendant

B, in the past, even though there was a record of being sentenced to punishment for the same kind of crime, the crime of this case has been committed.

These circumstances are disadvantageous to the Defendants.

However, the fact that the defendants used the money acquired from the damaged company as the operational fund of E, and does not seem to be personally useful, and the defendant A does not seem to have any significant degree of participation in the crime of this case; the defendants recognized the crime of this case late and divided their mistakes; in particular, the defendants paid partial damages and agreed with the damaged company, and the damaged company did not want punishment against the defendants, etc. in favor of the defendants.

In addition, considering the Defendants’ age, character and conduct, environment, family relationship, the circumstances and result of the instant crime, the circumstances after the instant crime, etc., the lower court’s punishment seems to be somewhat unreasonable.

Therefore, the Defendants’ assertion of unfair sentencing is reasonable, and the prosecutor’s assertion of unfair sentencing is without merit.

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

[Discied reasoning of the judgment below] Criminal facts and summary of evidence against the defendants recognized by this court and summary of evidence are different from the judgment below.