Even though the defendant did not deceiving the victim as stated in the facts charged in this case, and did not have the intent to defraud the victim, the judgment of the court below which convicted the defendant of the facts charged in this case is erroneous by misunderstanding the facts and thereby affecting the conclusion of the judgment.

The sentence of the lower court on the grounds of unfair sentencing (ten months of imprisonment) is too unreasonable.

Judgment

According to the evidence duly adopted and examined by the court below, the following circumstances are recognized:

First of all, K and L, the owner of the instant pine trees, entered into a contract to sell the instant pine trees for KRW 113 million on or around May 2010, receive KRW 12 million on the date of the contract. P entered into a contract to sell the instant pine trees for KRW 127 million to O on or around May 31, 2010, with the payment period fixed until December 31, 2010, and received KRW 35 million on June 3, 2010, in light of the fact that the Defendant purchased the pine trees from N, on behalf of M, and delegated all of the rights to purchase and sell the said pine trees for KRW 100,000,000,000 to 30,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000.