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

An applicant for compensation.

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

B. Each sentence sentenced by the prosecutor (two years of imprisonment for the defendant A, and fine of three million won for the defendant B) is too uneased and unreasonable.

2. Determination

A. The lower court sentenced Defendant A to two years of imprisonment and a fine of three million won to Defendant B, taking into account the unfavorable circumstances and favorable circumstances against the Defendants.

There is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion in full view of the following factors: (a) Defendant A repeatedly committed several crimes during the period of suspension of execution; (b) Defendant A committed several crimes during the period of suspension of execution; (c) Defendant B did not focus on the degree of exercise of the tangible force of each crime; (d) Defendant B’s initial and agreed to commit a crime; and (e) sentencing guidelines; or (e) it is recognized that it is unreasonable to maintain the lower court’s determination of sentencing as it is.

In addition, even if the circumstances, age, character and conduct, environment, etc. after the crime of this case were taken into consideration, the sentence of the court below is appropriate, and it is not recognized that the sentence of this case is too heavy or unreasonable.

Therefore, the prosecutor and the defendant A's assertion are without merit.

B. An applicant for compensation seeking payment of KRW 10,477,087 against Defendant A, but this part of the crime committed by the above Defendant constitutes embezzlement of KRW 1 million. As such, it constitutes a case where whether the above Defendant is liable for compensation or its scope is not clear, and thus, an order for compensation cannot be issued.

3. The prosecutor’s appeal against the Defendants and the Defendant A’s appeal are without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

On the other hand, it seems that the scope of liability for compensation is not clear.