All appeals by the defendant and the prosecutor are dismissed.

The summary of the grounds for appeal: The punishment sentenced by the court below (two years and six months of imprisonment, and three years of suspended execution) is too unreasonable.

As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, the defendant did not have any right to the remaining one billion won, even though he/she had a claim against the victims, with regard to the mistake of the prosecutor's facts or misapprehension of the legal principles, and there was an intention to acquire unlawful profits as to the total amount of money requested when he/she demanded more money than the amount of the claim.

The Defendant’s words as stated in this part of the facts charged to the victim S constitute intimidation, which is a means of threat, to the extent that it restricts the victims’ freedom of decision-making.

With respect to the events, such as violation of the Financial Investment Services and Capital Markets Act and the Act on Business of Financial Investment due to Fraudulent Illegal Transactions, false entry in public electronic records, and false entry in electronic records, the defendant M&A expert led a third party allocation capital based on the best payment together with G of H Co., Ltd. (hereinafter “H”), and success in the external appearance. For the success of the above capital increase, each document submitted to the Financial Supervisory Service or registration of H submitted to the Financial Supervisory Service, and if G, who is an accomplice, made a false entry in the above facts, the defendant may also be found guilty of this part of the facts charged.

The punishment sentenced by the court below is too uneasible and unfair.

Judgment

According to the evidence duly admitted by the court below as to the prosecutor's assertion of mistake of facts or misapprehension of legal principles, it is reasonable to accept various circumstances recognized in the "3. Judgment" of not more than 7 Myeon-7, 8, Do-200, which are justified.

In addition, the circumstances cited by the court below are acknowledged by the evidence duly adopted and examined by the court below.