A. The lower court’s sentence (one year and six months of imprisonment) against the Defendant by the Prosecutor is too unhued and unreasonable.

B. Defendant 1) misunderstanding of facts (Fraud part) Defendant is 93,620 square meters of forest land with the wife population F 93,620 square meters (hereinafter “F forest land”).

2) Of the instant forest land under the name of J, 16,528 square meters (hereinafter “the instant forest land”) between the victim and F forest under the name of J.

2) The sales contract of this case (hereinafter referred to as "the sales contract of this case")

(2) At the time of entering into the instant sales contract, G, the actual owner of F forest land, was delegated with the authority to sell all F forest land. Nevertheless, the lower judgment convicting the Defendant of fraud on the ground that the Defendant did not have the authority to sell the forest land of this case at the time of entering into the instant sales contract was erroneous by misapprehending the fact and adversely affecting the conclusion of the judgment.

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by the court below as to the Defendant’s assertion of mistake of facts, the following circumstances are recognized.

1) On March 17, 2009, G consistently stated in the investigation agency and the lower court that the Defendant entrusted the sale of only 16,528 square meters (5,00 square meters) out of the F Forest actually owned by G to the R farming association corporation under the actual representative of G (the investigative agency and the lower court’s judgment) (2) pursuant to the real estate sale agency agreement concluded on March 17, 2009 between J and R farming association (hereinafter “instant real estate sale agency agreement”) between J and R farming association, as the agreement on the real estate sale agency (hereinafter “instant real estate sale agency agreement”), the Defendant, at the time of the conclusion of the instant sales agency agreement, is specified as 16,528 square meters of land in the wife population and 93,620 square meters of land in the wife population at the time of permitting real estate to be sold and as 16,528 square meters of land in the land, T forest, U., and V forest (the investigative record 45 square meters).