The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable;

2. In full view of the following factors: (a) the victim so-called “victim Young-gu Agricultural Cooperatives” was agreed with the victim so-called “Defendant was the first offender; (b) the Defendant was detained for a considerable period of time; and (c) the Defendant’s mistake is against his/her will; and (d) the Defendant’s age, character and conduct, environment, motive and circumstance of the commission of the crime; and (e) the circumstances after the commission of the crime, etc.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows. In addition to the fact that " December 1, 2012" in the 18th page of the judgment of the court below is " December 1, 2010", it is the same as the corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 7(1)1 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, Articles 3(1)1 and 231 of the Act on the Registration of Real Estate under Actual Titleholder’s Name, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Articles 347(1), 34(1), and 31(1) of the Criminal Act concerning criminal facts, Articles 347(1), 34(1), and 31(1) of the Criminal Act, and selection of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;