The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, this decision is delivered to the Defendants.

1. The main points of the grounds for appeal are as follows: each sentence of the lower court (six months of imprisonment) against the Defendants is too unreasonable.

2. In light of the fact that the amount of the judgment acquired by deception of the Defendant’s assertion is not indicated as KRW 38 million, the Defendants’ nature of the crime is not weak.

However, in light of the following: (a) the Defendants led to the confession of all of the instant crimes when the Defendants were in the trial; and (b) the victims wanted to take the Defendant’s wife against the Defendants by mutual consent; (c) Defendant B was the first offender who has no record of criminal punishment; and (d) Defendant A has no specific record of punishment other than twice before and after the punishment was imposed; and (c) other factors that form the conditions for sentencing, such as the Defendants’ age, character and conduct, motive and method of the instant crime, and the circumstances after the crime, the lower court’s punishment is deemed to be too unreasonable.

3. The defendants and the applicant for compensation order agree that the scope of liability for compensation is not clear and it is not reasonable to issue an order for compensation in the criminal procedure. Thus, the defendants and the applicant for compensation order shall not be accepted.

4. The judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the case is again decided as follows. The application for compensation order against the Defendants by the applicant for compensation is dismissed in accordance with Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

Criminal facts

The summary of the evidence and the criminal facts of the Defendants recognized by this court and the summary of the evidence are all the same as the entries in each corresponding column of the judgment of the court below, and they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the facts constituting an offense, and the choice of imprisonment;

1. Circumstances favorable to the Defendants out of the grounds for reversal as seen earlier under Article 62(1) of the Criminal Act, etc. of the suspended sentence.