The defendant's appeal is dismissed.

1. The sentence imposed by the court below (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment does not have any record of punishment for the same kind of crime, in the case of the fraud crime of paragraph 2 of the crime in the judgment below, the criminal intent of the criminal defendant is weak, and most of the damage amount is used in the development of game as notified to the victim, can be considered as normal data favorable to the criminal defendant.

However, the total amount of damage reaches KRW 450,000,000, and the damage was not completely recovered even after a considerable time has passed since the commission of the crime (the Defendant’s transfer of the shares of DM Sky’s Co., Ltd. to the victim, thereby recovering some damage.

However, considering the circumstances leading to the crime and the relationship between the defendant and the victim, etc., the sentence imposed by the court below is not heavy.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.