The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles or the mistake of facts, Co-defendant A and B are legitimate co-owners of forest G108,694 square meters (hereinafter “the forest of this case”) in Gyeongbuk-gun, Gyeongbuk-gun, and thus, they obtained a letter of guarantee and a written confirmation (hereinafter “the letter of guarantee of this case”) as stated in the judgment of the court below for the purpose of making a registration consistent with the substantive legal relationship, and made a preservation registration of ownership under the former Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (amended by Act No. 7500 on May 26, 2005 and invalidated on December 31, 2007; hereinafter “Special Measures Act”), and thus, they cannot be deemed to constitute a case where a written confirmation is issued by false means, and there is no awareness that the Defendants had the falsity as stipulated in Article 13(1) of the Act on Special Measures for the Preparation and Issuance of Certificates.

Nevertheless, the court below found the defendant guilty of the crime of this case. The court below erred by misapprehending the legal principles or by misunderstanding facts, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (5 million won of fine) is too unreasonable.

2. Determination

A. As to the misapprehension of legal principles or the assertion of mistake of facts, the false letter of guarantee or written confirmation under Article 13(1) of the Act on Special Measures for the Prevention of Infringement means a letter of guarantee or written confirmation that does not fit the truth (see, e.g., Supreme Court Decision 2004Da29835, Feb. 23, 2006). The purport of Article 13 of the Act on Special Measures is to eliminate the risk of infringement of rights against others who have a legitimate interest in the registration by making a false entry of the relevant documents in the register coincide with the actual relation of rights of real estate in accordance with easy procedures.