The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. Determination

A. The instant crime on the assertion of unfair sentencing is an unfavorable condition against the Defendant, in light of the background of the crime and the amount of damage, etc., by deceiving the victim and deceiving the victim, even though the Defendant did not have the intent or ability to transfer 15,000 shares equivalent to 30% of the shares of G stock company.

However, the defendant has been recognized for the crime of this case since the time of the trial, the fact that the defendant paid the victim the amount of KRW 50 million to the victim and agreed in the trial, and that it seems that the damage was restored by paying the additional amount of KRW 50 million after the agreement, and that there was no record of punishment exceeding the same kind of crime or fine after 198.

In addition, when comprehensively considering the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, the sentence imposed by the court below is deemed to be too unreasonable, and thus, the above argument by the defendant is reasonable.

B. According to the records of ex officio determination as to the compensation order of the applicant for compensation by the court below, it is recognized that the defendant paid 50 million won to the applicant for compensation who is the victim at the court below and agreed with the applicant for compensation by the court below, and additionally paid 50 million won after agreement.

Therefore, the application for compensation by the applicant for compensation by the court below should be dismissed because the existence or scope of the compensation liability is not clear. Therefore, the order for compensation by the court below is no longer maintained.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and since the part of the court below's order for compensation against the applicant for compensation among the judgment below is justified,