The sentence of sentence against the defendant shall be suspended.

A. The purification tank of this case is not a septic tank used for the building owned by the Defendant (hereinafter “instant building”) at the time of original adjudication. Since the Defendant did not have any intent to own or possess the purification tank of this case, there was no fact that the Defendant without permission used the ditch of 146 square meters (hereinafter “the occupation section of this case”) at the time of original adjudication as in the charges.

B. In light of the overall conditions of sentencing on the sentencing, the lower court’s sentencing penalty of KRW 1,00,000 (fine 1,000) is too unreasonable.

2. Determination on the grounds for appeal

A. 1) The lower court’s determination on the assertion of mistake of facts or misapprehension of the legal doctrine is based on the evidence duly admitted and investigated by the lower court, and based on the evidence duly admitted and examined by G, the lower court’s determination on ① 1,643m2 (hereinafter “instant land”) around January 11, 196 for Kim Jong-si.

Around January 21, 1999 after the purchase of the instant septic tank, as well as the construction of the instant building on the ground, around January 21, 1999. In addition, it is recognized that the Defendant was aware of the fact that, among the state property, the instant septic tank was installed in the underground part adjacent to the instant land, which was connected to the instant building among 35,289 square meters, which is the agricultural production infrastructure, and used the instant septic tank as a purification facility attached to the instant building; ② G used the instant septic tank as a purification facility attached to the instant building; ③ was a restaurant business in the instant building; ③ the Defendant was awarded a successful bid in the auction procedure with the instant land and building on or around December 22, 2008; ④ the Defendant was a concrete package with the instant septic tank buried in the instant part while conducting a boundary survey on the instant lot of land around June 2, 2009; and the Defendant was also aware of the fact that the instant septic tank was not used, as a matter of course, at the time the successful bid was awarded by the Defendant.