All appeals filed by the prosecutor against the Defendants are dismissed.

1. The summary of the grounds for appeal is that each of the punishments against the Defendants (Defendant A: one year and six months of imprisonment, three years of suspended execution, three years of probation and social service, 120 hours of imprisonment, one year of suspended execution, two years of suspended execution, two years of probation and social service, 240 hours of probation and social service) is too uneasy and unfair.

2. The Defendants’ unfavorable circumstances are as follows.

The amount obtained by the defendants from victims is the maximum amount of KRW 300 million.

Defendant

A has a record of being sentenced to a fine of KRW 5 million as a crime of fraud around 2005, and Defendant B has a record of being sentenced to a fine of KRW 2 million as a crime of fraud around 2009.

The victim argued that he was not fully compensated for the total amount of damage in the trial and sought a strict punishment against the defendant A.

The circumstances favorable to the Defendants are as follows.

The Defendants are divided into the instant crime and are against the Defendants.

Defendant

A returned 300 million won to the victim by fraud, and additionally deposited 20,000,000 won for the victim in the trial.

The victim is seeking the wife against Defendant B in the trial of the party.

(A) The Defendants had no record of having been sentenced to imprisonment with prison labor due to the same criminal act by the Defendants, even though they prepared the agreement for the Defendants at the investigative agency and the lower court twice.

The principle of equity shall be taken into consideration in the case where the defendants were tried together with the criminal facts stated in the first head of the judgment of the court below.

In addition to the above circumstances, considering the Defendants’ age, character and conduct, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s punishment against the Defendants cannot be deemed as being too uneasible and unreasonable.

3. In conclusion, since the prosecutor's appeal against the defendants is without merit, all of the appeals are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so ordered.