The judgment below

The part against the Defendants is reversed.

The punishment against the Defendants shall be one year and six months.

Summary of Reasons for appeal

A. On May 12, 2014, Defendant A1 did not receive KRW 10 million from L within a road side of the road located in Gwangju Northern-gu, Gwangju-dong.

2) The sentence of the lower court (a year and six months of imprisonment, an additional collection of KRW 30 million) that is unfair in sentencing is too unreasonable.

B. Defendant B’s punishment (a year and six months of imprisonment, additional collection of KRW 20 million) is too unreasonable.

Judgment

A. On May 12, 2014, even if Defendant A’s assertion of fact is based on Defendant A’s assertion, Defendant A did not have received KRW 10 million directly from L from L on May 12, 2014, but Defendant A knowingly knew that Q transferred KRW 10 million to Q on May 12, 2014, used for the repayment of Defendant A’s obligations, and thus, the said KRW 10 million was practically reverted to Defendant A.

Since it can be assessed, regardless of whether Defendant A received the actual cash of KRW 10 million on May 12, 2014, the crime of fraud and the crime of violation of defense justice is established against the whole of KRW 30 million, including the above KRW 10 million.

Therefore, Defendant A’s assertion of mistake is without merit.

B. Whether the crime of this case is unfair (the Defendants) is an unfavorable sentencing element, such as the fact that the Defendants, who received KRW 80 million from the victims in light of the criminal law and the content, etc., is not very good in view of the fact that the Defendants, who received money and valuables from a public official of an investigation agency, is highly likely to seriously undermine the social trust in the fairness of the investigation agency’s performance of duties.

On the other hand, the defendants are against the defendants' wrong recognition of their mistakes, and the defendants are victims Q in the court below.