The defendant's appeal is dismissed.

The defendant shall pay 151,200,000 won to the applicant for compensation by deceit.

3.2

1. In light of the gist of the grounds for appeal by the defense counsel, the lower court’s sentence that sentenced two and half years to imprisonment is too unreasonable, in light of the following: (a) the Defendant recognized the mistake of the Defendant; (b) there is no record of criminal punishment exceeding the fine; and (c) efforts to compensate for damage, etc.

2. The crime of this case is determined by deceiving the victim to purchase goods to be supplied to the company where the defendant had worked by using the above goods in the name of another person and send them to the victim by facsimile, and by deceiving the victim to purchase the goods to be supplied to the company where the defendant had worked by using the above goods and divide the profits therefrom, and thus, it is not clear that the method of punishment is defective and the quality of the crime is not good, even though the amount of damage is reasonable, the damage was not compensated to the trial, and the victim was punished, and taking into account the motive and circumstance of each crime of this case, circumstances before and after the crime of this case, degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character and behavior, environment, etc. as stated in the records and arguments of this case, the above assertion is not reasonable because the court below's punishment is too unreasonable even if considering the circumstances alleged in the grounds for appeal.

3. As the defendant's appeal is without merit, it is dismissed under Article 364 (4) of the Criminal Procedure Act, and since an application for remedy order filed in the trial is well-grounded, it is ordered that the defendant pay 151,20,000 won to the applicant for compensation pursuant to Articles 25 (1) 1, 31 (1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, etc., on condition that the defendant puts a sentence of provisional execution on the above compensation order pursuant to Article 364 (3) of the same Act.