The judgment of the court below is reversed.

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

except that this judgment.

1. The decision of the court below to the defendants on the summary of the reasons for appeal is unfair because it is too unreasonable to regard the punishment (one year of imprisonment with prison labor, and eight months of imprisonment) imposed by the defendants.

2. The amount obtained by deception by the Defendants is KRW 100,00,000, and the fact that the nature of the crime is not good in light of the motive and background of the instant crime, and the content of deception is disadvantageous to the Defendants.

However, the Defendants have led to the confession of all the crimes of this case and committed a misunderstanding in depth.

In the lower court, the Defendants deposited KRW 52,50,000 out of KRW 100,000,000 in the amount of damage, and the appellate court deposited KRW 31,00,000,00 which was agreed with the victim as the remaining amount of damage in the civil procedure, and deposited KRW 2,00,000,

There is no record of punishment or punishment exceeding a fine prior to the crime of this case by the Defendants.

In full view of these circumstances, comprehensively taking into account the Defendants’ age, sex, environment, and circumstances after the commission of the crime, and all the sentencing conditions indicated in the instant case’s records and arguments, each sentence imposed by the lower court on the Defendants is excessively unreasonable.

3. Thus, the defendants' appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is decided after pleading.

[Re-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions and the Defendants’ choice of punishment concerning criminal facts: Articles 347(1) and 30 of the Criminal Act; and the choice of imprisonment

1. Defendants who hold a suspended sentence: Article 62(1) of the Criminal Act (the above-mentioned favorable circumstances);

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