The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a period of two and half years, and by imprisonment for a period of one year.

except that this shall not apply.

1. Summary of grounds for appeal;

A. Each sentence of the lower court against the Defendants (Defendant A: Imprisonment with prison labor for 2 years and 6 months, and Defendant B: imprisonment with prison labor for 1 year) is too unreasonable.

B. Each sentence of the lower court against the Defendants by the Prosecutor is too unhued and unreasonable.

2. In light of the fact that the crime of this case was committed by the Defendants with no intent or ability to repay the borrowed money, and the crime of this case was committed by defraudation of the total amount of KRW 350 million from the victims in the private money relationship, and the contents of the crime are not weak, the considerable portion of the damaged amount is not yet recovered, and the fact that the Defendants had the record of criminal punishment for the same kind of crime is disadvantageous to the Defendants.

However, the defendants recognized all of the crimes of this case when they were in the trial, and there is no record of punishment exceeding the fine due to the same kind of crime, the defendants paid to the victims the amount of 50 million won in the court below, and 63 million won in the court below. The defendants partly recovered from damage by paying the remaining principal and interest at the court below. The defendants agreed to provide the defendants with real property as collateral and to pay the remaining principal and interest at a certain amount per month, and agreed to the victims, etc., in consideration of the circumstances favorable to the defendants and other circumstances favorable to the defendants, such as the defendants' age, sexual behavior, environment, relationship with victims, motive, means and consequence of the crime of this case, the motive and means of the crime of this case, and the circumstances before and after the crime, etc., the court below's each punishment against the defendants is too too too unreasonable. Thus, the defendants' assertion is without merit, and the prosecutor's assertion is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is with merit, and the judgment below is again decided as follows (for the above reasons, the judgment of the court below is reversed.