1. The judgment below is reversed.

2. The defendant A shall be punished by imprisonment with prison labor for a year and six months, and the defendant B by imprisonment for two years.

3...

1. The summary of the grounds for appeal is that the sentence imposed by the court below on the Defendants (as for Defendant A: 3 years of suspended sentence for 2 years of imprisonment; 5 years of suspended sentence for Defendant B: imprisonment for 3 years) is too unreasonable (as for the Defendants, the Defendants asserted that there was an error of mistake in the facts in the judgment below, but they withdrawn each of the above arguments on the date of the first and fourth public trial). 2. The crime of this case was committed by the Defendants on the following grounds: (a) the Defendants collected and removed scrap metal from damaged persons; (b) the victims’ security guards were not issued a measurement certificate for scrap metal; or (c) the volume of scrap metal taken out is less than the actual amount taken out, so that a measurement certificate for scrap metal is not issued; or (d) the amount of scrap metal taken out is less than KRW 1350,000,000,000 won for about two years and nine months; (b) the crime was continuously committed for a long time; and (c) the amount of damage is less than the crime.

On the other hand, the defendants received a letter of tolerance by mutual agreement with the victim since they deposited KRW 1.4 billion in the court below, and they agreed to receive a letter of tolerance and all the crimes.

Defendant

A has no record of crime except for minor criminal records and one time, and Defendant B has no record of criminal punishment exceeding a fine.

Defendant

In the case of A, the degree of participation is relatively weak.

In full view of all circumstances, including these circumstances, including the Defendants’ age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court against the Defendants is too unreasonable.

Therefore, the defendants' arguments are justified.

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

【Reasoning of a final judgment】 Summary of facts constituting an offense and evidence.