The judgment of the court below is reversed.

1. The defendant A shall be punished by imprisonment with prison labor for six months;

except that this judgment.

1. Summary of grounds for appeal;

A. The sentence imposed by the court below is too unreasonable.

B. The sentence imposed by the prosecutor by the court below on Defendant B is too unhued and unreasonable.

2. Determination

A. The judgment of Defendant A’s unfair assertion of sentencing seems to have been restored to most of the damages, considering that the court below deposited KRW 80 million in order to recover damage, and adding up the deposit amount of Defendant B to KRW 10 million in common.

The profit received in comparison with the total amount of KRW 90 million was not much, and more than the profit was deposited.

There was no same force, and the frequency of crimes was also limited to once.

Joint Defendant B, who is in the same book, was involved in the introduction.

In addition, the lower court’s punishment against the Defendant is unreasonable in light of the following factors: (a) comparing the sentencing conditions as indicated in the instant case’s records and changes; and (b) comparing the sentencing grounds for the

Therefore, the defendant's argument of sentencing is reasonable.

B. In most cases, X, the accomplice of the judgment on the Defendant C’s wrongful assertion of sentencing, has reimbursed for most of the amount obtained by defraudation, and the Defendant repaid KRW 7 million to X as the amount of indemnity at the lower court.

In an appellate trial, the Defendant repaid the amount of KRW 9 million to the new bank of the victim, and deposited KRW 1 million to the Korea Housing Finance Corporation that has subrogated to the new bank of the victim.

This is a change in circumstances that are favorable to the defendant.

In comparison with X that served as a false tenant, the profits received by distribution was small, and the frequency of participation in the crime was limited to one time.

There is no criminal history.

In addition, the lower court’s punishment against the Defendant is unreasonable in light of the following factors: (a) comparing the sentencing conditions as indicated in the instant case’s records and changes; and (b) comparing the sentencing grounds for the

Therefore, the defendant's argument of sentencing is reasonable.

(c)

We look at ex officio prior to the judgment on the illegal argument of sentencing by the defendant B, D, E, and prosecutor.

According to the records, the records are examined.