A defendant shall be punished by imprisonment for one year.

A. In order to cultivate the forest land of the victim, the Defendant paid KRW 30 million to H to develop the forest land by mistake of facts and misapprehension of legal principles, but the land reclamation did not proceed as it did not commence the service and was only capable of developing the forest land of the victim.

The Defendant actually used KRW 40 million for the development project costs of clearing by victims.

B. The lower court’s sentence of unreasonable sentencing (one year and two months of imprisonment) is too unreasonable.

2. Determination

A. The following facts and circumstances revealed by evidence duly adopted and examined by the lower court and the lower court as to the assertion of mistake of facts and misapprehension of legal principles: (i) the Defendant: (a) sold trees to a third party in the above forest and used the proceeds therefrom to develop the forest; and (b) the Defendant used the proceeds therefrom to use the proceeds thereof for the development of the above forest and land; (c) the Defendant did not use the proceeds thereof for the development of the above forest and land; and (d) the Defendant did not use the proceeds thereof for the development of the said forest and land, and only paid KRW 30 million,00,000,000 to H to the performance of services for the development of the said forest and land and did not properly proceed with the services; and (c) the Defendant did not receive KRW 40,000,000 from the victim; and (c) the Defendant did not receive KRW 20,000,000 from the date of the trial to repay the pension contributions to H; and (d) the Defendant did not recognize his capacity to develop the forest and land.