The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

On July 30, 2020, the defendant's defense counsel of the grounds for appeal stated that ① not deceiving the victim, ② there was a conspiracy with C, or not participating in the crime, ② it was improper to calculate the price based on the actual transaction price publicly announced at the date when C received the above shares, ③ it was alleged as the ground for appeal, ③ it was unfair, but the defendant's defense counsel explicitly withdrawn the mistake of facts and misapprehension of the legal principles as referred to in the above paragraph (2) through a statement in the second trial on September 8, 2020 from the date of the second trial on September 8, 2020.

In fact, the Defendant, as the shareholder of B Co., Ltd. (hereinafter “instant company”), took office as the nominal representative director of the instant company upon the E’s request, and participated in attracting investment of the instant company, the Defendant, who was the shareholder of B (hereinafter “the instant company”), received the statement from E that “the victim consented, which would give investors or investors to use the instant shares owned by the victim as the inducement for investment,” and delivered it to C.

Since then, with respect to the method of attracting investment and the use of the shares of the instant company owned by the victim, C only consulted with the victim and prepared documents, but did not participate in the process of selling the shares of the instant company owned by the victim for a consideration to divide the price with C, or not participating in the process of receiving the said shares, and only was paid KRW 400 million later by C. Accordingly, the Defendant did not deceiving the victim, nor did he/she participate in the instant crime.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged prior to the alteration on the premise that the Defendant conspired with C.

The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

Prosecutor (unfair sentencing).