The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. On February 19, 2020, the Defendant and the defense counsel withdrawn the assertion to the effect of mistake of facts on the second trial date of this court.

The punishment of the court below (three years of imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles by deceiving the victim, the Defendant is 429,322 square meters of forest land in Gangseo-si, Gangseo-si (hereinafter “C forest”).

6,116/429,322 shares of 66,116/42, the provisional injunction against disposal in the name of the injured party (hereinafter referred to as the “provisional injunction in this case”).

(2) In order to cancel the enforcement of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the lower court acknowledged that the Defendant acquired the amount of property benefits, which is the market price of the above shares, and found the Defendant guilty of fraud instead of finding the Defendant not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), which is the facts charged in the instant case. Therefore, the lower court erred by misapprehending the legal principles as to property benefits arising from the erroneous determination of facts and the cancellation of the provisional disposition prohibition,

2. Determination

A. As to the prosecutor's assertion of mistake of facts and misapprehension of the legal principles, fraud under Article 347 of the Criminal Act is established by deceiving a person to receive property or to have a third party obtain property or property benefits, and the value of the received property or property benefits is not much problematic. However, in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the value of the property or property benefits acquired through deception is more than five hundred million won or more than five billion won as part of the constituent elements of the crime, and the punishment for the crime is aggravated accordingly, in applying this provision, the value of the property or property benefits acquired through deception is strict and careful.