The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Summary of Grounds for Appeal

When the Defendant completes registration of preservation of ownership (hereinafter referred to as “instant land”) with respect to the farmland of 5,887 square meters (hereinafter referred to as “the instant dry field”) and F forest land of 7,044 square meters (hereinafter referred to as “the instant forest,” and the combination of the said two land, the victim D clan (hereinafter referred to as “victim D”) did not have a clan as a clan at the time the Defendant completed registration of preservation of ownership (hereinafter referred to as “registration of preservation of this case”).

Even if the victim's clan existed at the time, the land of this case is the land purchased by the defendant individually from the former owner AC, and is not owned by the victim's clan.

In addition, the victim's clan does not entrust the defendant with the land of this case.

Nevertheless, the judgment of the court below that found the land of this case guilty on the premise that it is owned by the victim clans is erroneous or erroneous in the misapprehension of legal principles.

The sentence of unfair sentencing (two years of imprisonment) by the lower court is too unreasonable.

According to the judgment of the court below and the evidence duly adopted and examined by this court, the following facts can be acknowledged.

The forest of 51,963 square meters in the name of the State on September 20, 1915 on the land cadastre, which was the land before the division of the land in this case and the change of ownership of the land in this case. On March 13, 1929, a transfer of ownership was transferred to AC and AD joint names on June 8, 1945.

Since then, AV forest 51,963 square meters are divided into the following land, and the process is as follows:

AV AV AV AF AH AI AJ AJ A on March 29, 1980 around around 1980, around 1959, 45,249 square meters of R forest E 6,714 square meters, around 1964, around 1974, around 1974, around 44,426 square meters of R forest E 770 square meters, around 1980, around 1980, around 44,426 square meters of R forest.