A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (the part guilty in original conviction) ① At the time of concluding a sales contract with the victim of Gwangju-si on the 728 square meters of forest land and n forest and 920 square meters of forest land (hereinafter “O forest”) in Gwangju-si, the Gmph H type D (hereinafter “H type D”) recognized that only the name was changed from the CM D type D (hereinafter “D type D type D”), the Defendant believed that the victim may normally transfer the ownership of the O forest and forest.

② According to the Suwon District Court Decision 2013Gahap12972 Decided February 9, 2017 and the Seoul High Court Decision 2017Na2026704 Decided September 22, 2017, the appellate court (hereinafter “relevant civil judgment”), the victim was entitled to lawfully hold 11/18 shares out of the O forest. As such, it did not have any legitimate authority to dispose ofO forest and fields at the HW conference.

In full view of these circumstances, the defendant cannot be said to have the intention to acquire by deception.

B) The Defendant was already punished for committing the crime of embezzlement of O forest and fields (Seoul High Court Decision 2015No2244 decided Nov. 27, 2015; hereinafter “relevant criminal judgment”).

(2) The instant facts charged cannot be punished on the grounds that it constitutes an act subsequent to the crime of embezzlement already established. (2) The lower court’s sentence of unfair sentencing (one year and four months of imprisonment) is too unreasonable.

B. In full view of the fact that U.S.’s portion not guilty on the grounds of mistake of facts did not know about the specific amount of the purchase price, on the other hand, the victim consistently stated that the purchase price of the O forest was KRW 450 million from the investigation stage to the court below’s decision, and corresponding statements and cash withdrawal details exist, and it is difficult for the victim to find reasons for asserting that the purchase price was KRW 150 million or increased, the purchase price of O forest is KRW 450 million.

B. The part not guilty is H. H.