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The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and eight months, and by imprisonment with prison labor for a year.
Reasons
1. Each sentence of the lower court against the Defendants on the summary of the reasons for appeal (two years of imprisonment; one year and two months of imprisonment) is deemed to be too unreasonable.
2. The crime of this case was committed by the Defendants in collusion with about about 31.4 billion won between about 10 months and about 3,787, and there is no significant criminal liability in light of the content of the crime. Defendant A planned the crime of this case and recruited investors. Defendant B planned and carried out the crime of this case under the lead of the Defendants, such as the production, operation, and management of the virtual currency transshipment website. Some investors failed to recover their investments up to time, and want to be punished against the Defendants. Defendant A again committed the crime of this case without being aware of it during the repeated crime period, and had a history of punishment for fraud more than 10 times.
However, considering the fact that the defendants led to the confession of the crime of this case and the fact that there was a nature in the virtual currency exchange business that the defendants promoted, that there was a considerable portion of the amount invested by the defendants, that the defendants returned to the investors in cash or virtual currency, that there is a family member to support the defendant A, that there is a relatively clear social relation between the defendant A and his family members, and that there is no criminal history exceeding the fine against the defendant B, and that there is no other criminal history beyond the fine against the defendant B, and that the court below's punishment against the defendants is too undue if considering the whole circumstances, which form the conditions for sentencing as specified in the argument of this case, such as the defendants' age, sexual behavior, environment, etc.
Therefore, the defendants' above argument of sentencing is justified.
3. In conclusion, the judgment of the court below is reversed and the pleading is made in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is reasonable.