The judgment below

The remainder, excluding the part of the application for compensation order, shall be reversed.

The Defendants shall be punished by imprisonment with prison labor for one year.

1. The summary of the grounds for appeal (unfair sentencing) by the lower court against the Defendants is unreasonable because each of the Defendants (two years of imprisonment with prison labor for each of the Defendants) is too unreasonable.

2. In light of the fact that the Defendants recruited the Defendants to commit the crime of defraudation in a planned manner and received a large amount of money on several occasions by deceiving the victims, the nature of the crime is not very good, the damage was not recovered at all, and the Defendants did not agree with the victims, and there is a need for a strict punishment against the Defendants. On the other hand, there is no record that the Defendants were punished for the same crime, and the Defendants A did not have any record on the part of the Defendants in the course of the crime, the degree of the Defendants’ role sharing and participation, the age, sex and environment, the motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment against the Defendants is somewhat inappropriate.

3. In conclusion, the part of the judgment below excluding the part concerning the application for compensation order among the judgment below pursuant to Article 364(6) of the Criminal Procedure Act is reversed as the defendants' appeal is well-grounded, and it is again decided as follows after pleading.

Criminal facts

The summary of the evidence and the summary of the judgment of the court below other than changing “1. Defendant A’s statement in the 7th public trial protocol” to “1. Defendants’ statement in the first public trial protocol” is the same as each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and subparagraph A of the option of punishment for the crime: Articles 347(1) and 30 (the point of fraud as indicated in the judgment below) of the Criminal Act, Article 347(1) of the Criminal Act (the crime No. 2 of the crime as indicated in the judgment below, inclusive), and Article 347(1) of the Criminal Act (the crime No. 2 of the judgment below), and Article 347(1) and Article 30 of the Criminal Act (the choice of imprisonment)

1. The Defendants are subject to aggravated concurrent crimes: each criminal law.