A. The defendant, at the time of misunderstanding of facts and legal principles, was found guilty of the facts charged in this case, even though the defendant's act constitutes a legitimate act that does not violate social rules, although the defendant's act constitutes a legitimate act that does not violate social rules, there is an error of misunderstanding of facts or misunderstanding of legal principles.

B. The lower court’s sentence against an unfair defendant in sentencing (an amount of three million won) is too unreasonable.

2. Determination

A. The lower court’s determination 1 on the assertion of misunderstanding the facts and misapprehension of the legal doctrine 1) The lower court determined that: (a) immediately before preparing the written consent for land use of the instant case, the F violated the crossing lines in the cadastral map of the instant road section; (b) stated that the said written consent was “four meters in width”; and (c) it was acknowledged that the Defendant attached the said written consent for land use and signed and sealed by the victim upon presenting it to the victim; (d) however, there is no indication that the current state of the road is extended or the damaged party consents to the extension of the road in the cadastral map attached to the land use consent and the land registration map attached to the institute; and (e) there is no indication that the length or width is different from the actual length or width, barring any special circumstance, from the length or width of the land use consent to the said specific point.

On the other hand, it cannot be deemed to have expressed the intent of reduction or expansion as indicated in the point. According to the statement of F, F, in order to obtain a construction permit concerning a building to be newly constructed on the land owned by the defendant, F, in a situation where consent for land use on the access road 4 meters wide is required to be submitted to the permitting agency, and therefore, the access road on the cadastral map to be attached to the land use consent for the purpose