The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

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

1. Summary of grounds for appeal;

A. In light of all the sentencing conditions of the Defendants, the lower court’s punishment against the Defendants (eight months of imprisonment) is too unreasonable.

B. In light of all of the sentencing conditions of the Prosecutor’s instant case, the lower court’s above sentence is too uneasible and unreasonable.

2. Although the number of acquired money through the crime of this case is very large, the court below's punishment against the defendants is somewhat inappropriate in full view of all the sentencing conditions, including the fact that the defendants led to the crime of this case, the defendants confession and reflect the crime of this case, the victim partly recovered from the damage by receiving 100 million won through the voluntary auction procedure of real estate provided by the defendant Gap, the victim Jin withdrawn the complaint against the defendant Eul in the trial, and the crime of this case is not deemed to have been committed systematically and systematically, and all of the sentencing conditions, such as the circumstances leading to the crime of this case, the age, character and behavior, environment of the defendants, and the circumstances after the crime.

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, and the judgment below is delivered again after pleading

(2) As seen earlier, the Prosecutor’s assertion of unfair sentencing is without merit, but the judgment of the court below is reversed as it accepted the Defendants’ assertion of unfair sentencing and reversed the judgment of the court below. The gist of criminal facts and evidence of the Defendants and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, and thus, they are cited under Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and the selective Defendants of the punishment: Articles 347 (1) and 30 of the Criminal Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

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