All appeals by the Defendants and by the Prosecutor against Defendant A are dismissed.

1. Summary of grounds for appeal;

A. Each sentence of the lower court against the Defendants (Defendant A: imprisonment with prison labor for one year and two years and one hundred and sixty hours, community service order, Defendant B: imprisonment with prison labor for one year and one and half years) is too unreasonable.

B. The Prosecutor’s above sentence against Defendant A (one year of imprisonment with prison labor, two years of suspended execution and one hundred and sixty hours of community service order) of the lower court is too unhued and unreasonable.

2. We also examine the grounds for appeal by the Defendants and the grounds for appeal by the Prosecutor against Defendant A.

The facts that both the Defendants recognize and reflect the crime in the trial, that the victim was paid 48,800,000 won for the profit of the victim, that there was no penalty power in addition to the one-time fine, that Defendant A did not have to be punished, and that Defendant B should take into account the case of a judgment at the same time as the judgment becomes final and conclusive, etc. in favor of the Defendants.

In full view of all circumstances, including the fact that the amount of damage was a large amount of KRW 300 million and the damage recovery was not made up to the trial, the defendant B led a series of processes, such as business explanation and investment solicitation for the victim who is a dead money, and deception as stated in the facts charged, and the defendant A appears to have been actively involved in the process. The degree of KRW 100 million out of the amount of fraud is confirmed to have consumed the personal debt of the defendant B, etc., the amount of KRW 100 million is confirmed to have been spent for the company's business, and the considerable amount of the remainder appears to have been spent for the company's business, and other circumstances, such as the defendants' age, character and behavior, environment, the background and consequence of the crime of this case, and the circumstances after the crime, are deemed to have been committed, each punishment against the defendants,

3. Accordingly, the Defendants’ appeal and the Prosecutor’s appeal against Defendant A are without merit. Therefore, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so ordered.