특정경제범죄가중처벌등에관한법률위반(사기)
The defendant's appeal is dismissed.
The defendant pays 2,00,000,000 won to the applicant through fraud.
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. It is recognized that the judgment defendant repents his mistake.
However, the defendant again committed the crime of this case despite the previous conviction, and the crime of this case is committed by deceiving the victim by deceiving the victim as if the defendant would transfer the company's shares, etc. in collusion with F, and the nature of the crime is not good. The amount of damage caused by the crime of this case is a large amount; the victim wants to punish the defendant by failing to agree with the victim up to the trial of the court; the degree of the defendant's participation in the crime of this case; the degree of the defendant's participation in other accomplices; the punishment for other accomplices; the defendant's age, sex and environment; the punishment for other accomplices; the motive, means and consequence of the crime; and the circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the above assertion by the defendant is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. Since the applicant's application for compensation is well-grounded, Article 25 (1), Article 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings shall order the applicant to pay compensation amount of KRW 2,00,000 by fraud to the applicant pursuant to Article 25 (1), Article 31 (1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the above order shall be issued by attaching a provisional execution pursuant to Article 31 (3) of the same Act (Provided, That since it is evident that the "statement of statement" in Article 2, 17 of the judgment of the court below is a clerical error of "a copy of the protocol", it shall be corrected pursuant to