The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

, however, from the date this judgment becomes final.

[Judgment on the Grounds for Appeal] The main points of the grounds for appeal (e.g., imprisonment with prison labor for not less than 10 months) are too unreasonable.

In light of the fact that the Defendants acquired money from the victim under the so-called “singing” method, the crime of this case is organized, planned, and intelligent, and that the nature of the crime is very bad, the Defendants’ criminal liability is not weak.

However, the amount of damage caused by the instant crime is 8,50,000 won; the Defendants withdrawn their deposits according to the orders of the criminal organization in China; the Defendants did not lead the overall crime; the Defendants agreed with the victim and recovered the damage; Defendant A was first offender and Defendant B did not have any record of the crime except for a fine once for the violation of the Punishment of Violences, etc. Act (joint injury). Defendant B had the time of self-esteem while living in custody for five months in the instant case; the Defendants recognized and reflected mistakes; and all other circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendants’ age, character and conduct, motive, means and consequence of the crime; and the circumstances after the crime, etc. are considered, the sentencing of the lower court is deemed inappropriate.

Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the judgment below is reversed and it is decided again as follows.

[Grounds for the judgment of multiple times] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of punishment;

1. The grounds for reversal under Article 62(1) of the Criminal Act are advantageous to the probation.