The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The summary of the grounds for appeal (unfair punishment) of Defendant 1 (one year and two months of imprisonment) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Sentencing Criteria [Scope of Penalty in Law] 15 years or less ( Determination of Punishment] 15 years or less of imprisonment (based on the aggregate of the amount of profit) : In the case of fraud, the Sentencing Committee shall be established in the Supreme Court (based on the aggregate of the amount of profit: 100 million won or less) : Where a crime is committed against an unspecified or large number of victims or repeatedly for a considerable period of time, the element of mitigation is not subject to punishment (134, 138, 141 of the record of trial in the original trial) / [Scope of Recommendation] basic area: From 1 year and 6 months to 3 years [limited to general person] in the case of determining that there is no criminal history: The Sentencing Committee shall be established in the Supreme Court in order to realize fair and objective sentencing in which the people can have trust, the Sentencing Committee shall set or change specific and objective sentencing criteria in which judges can figure up rational sentencing, and the sentencing guidelines shall be decided in the case of Article 81-2 (1) 4) of the Act and shall be respected.

(However, in full view of the purpose, composition, details of duties, various principles and considerations to be observed in setting and changing sentencing guidelines, contents of the sentencing guidelines and legislative developments, etc. of each provision regarding the effect of sentencing guidelines, etc., a judge shall, in sentencing, be sentenced in accordance with the summary proceedings or summary trial proceedings (Article 2(2) of the same Act).