The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year.

, however, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal: The lower court’s punishment (one year of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendants by abusing the fiduciary relationship with the actual victim C, thereby deceiving approximately KRW 180 million, and the nature of the crime is not good, and C suffered considerable mental damage, such as attempting suicide due to shock caused by the crime of this case.

However, there are more favorable circumstances, such as the confessions of the Defendants and reflects on the Defendants, that the Defendants did not want punishment against the Defendants, that the Defendants appears to have been able to recover material damage, that there is no criminal power in the same kind of crime, and that Defendant B should consider equity with the case where the judgment was rendered at the same time as the final judgment became final and conclusive, etc.

In full view of the aforementioned circumstances and other various sentencing conditions as seen above, including the Defendants’ age, character and conduct, environment, details and details of the crime, and circumstances after the crime, etc., each of the lower court’s punishment against the Defendants is deemed unfair because it is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence recognized by the court below and the summary of the evidence are the same as the corresponding column of the judgment below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and the Defendants who choose the punishment: Article 347-2 of the Criminal Act;

1. Defendant B who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. Defendants of the community service order: Article 62-2 of the Criminal Act.