All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. Considering the fact that Defendant A was committed in both the facts of each of the instant crimes, and it is against the depth of the mistake, and there are reasons to consider the circumstances, such as economic difficulties, etc., such as the occurrence of the instant crimes, etc., the lower court’s imprisonment (one hundred months of imprisonment and two years of suspended execution, and five million won of fine) is too unreasonable.

B. Defendant B is the most likely person to support his spouse and children aged 8 and 4. Considering that there is no history of punishment exceeding the same kind and fine, and that there is relatively minor degree of participation, such as causing the crime to be committed in accordance with the proposal of the above Defendant A, the punishment of the lower court (fine 3 million won) is too unreasonable.

2. We examine the Defendants’ respective arguments on unfair sentencing.

In the current Criminal Procedure Act, which takes the principle of trial priority and the principle of directness, there exists an area unique to the first instance court regarding the determination of sentencing. Therefore, it is reasonable to respect the determination of sentencing in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined the sentence by fully taking into account the above favorable circumstances asserted by the Defendants in the trial. In so doing, the lower court, in the case of Defendant A, sentenced a fine of five million won for the same type of crime as the instant case on February 2, 2018, again re-offending the sentence, including the fact that there is no special change in circumstances that the lower court should change the sentence after the sentence of the lower court was sentenced, taking account of all the reasons indicated in the records of the instant case, such as the age, character, environment, motive, means and consequence of the crime.