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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of entering into the instant share transfer contract with the victim, the Defendant had the intent and ability to transfer 2.5% of the shares of G to the victim at the time of transferring the shares to the victim.
2) The first deliberation penalty (ten months of imprisonment) is too unreasonable.
B. The first deliberation of the Prosecutor (Improper Sentencing)’s first deliberation is too uneasy and unfair.
2. Determination
A. The first instance court found the Defendant guilty of the facts charged in this case on the grounds of detailed circumstances, and compared the evidence duly adopted by the first instance court with the records and closely, the first instance court's judgment is just and acceptable, and there is an error of law of misunderstanding of facts as alleged by the Defendant.
It does not appear.
B. There is no change in circumstances that may be considered in sentencing after the judgment of the first instance court, and considering the various conditions of sentencing as shown in the records and arguments of the instant case, considering the circumstances asserted by the Defendant on the grounds of appeal, the first deliberation sentence against the Defendant is too unreasonable.
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.