The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles (1) The Defendant sold 660 square meters out of 35,697 square meters of forestry in Gyeonggi-gun, Gyeonggi-do, to the victim E, and received 30,000 square meters of down payment and intermediate payment, and established a right to collateral security (2.5 billion won of the maximum debt amount) as to the entire forest in question on April 26, 2010, on which the Defendant established a right to collateral security (hereinafter referred to as the “mortgage”), but, on the grounds that the right to collateral security (M) established prior to the conclusion of a sales contract

Nevertheless, the lower court found the Defendant guilty of breach of trust among the facts charged in the instant case due to mistake of facts or misapprehension of legal principles

(2) On February 29, 2012, the Defendant promised on February 29, 2012 to sell a 426 square meters of Gyeonggi-do Scenic Forest and T forest and a 4,770 square meters of land to the victim J to obtain the consent to use the said forest and land. However, the victim has reserved the payment of KRW 50 million out of the purchase price in preparation for the case where the said promise is not complied with. Thus, it cannot be said that he was deceiving.

Nevertheless, the lower court found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged in this case.

B. The sentence imposed by the court below is too unreasonable.

2. Determination

A. (1) According to the evidence duly admitted and examined by the court below as to the assertion of mistake of facts and misapprehension of legal principles, the defendant sold 60 square meters out of 35,697 square meters of forest land in Gyeonggi-do to the victim E on September 22, 2009 and received 30 million won as the down payment and intermediate payment. Nevertheless, on April 26, 2010, the defendant set the right to collateral security (right to collateral security), which was established prior to the sale to the victim as above, with regard to the entire forest land, as a whole, as well as the right to collateral security (right to collateral security), which was the mortgagee of the right to collateral security, and the maximum debt amount (right to collateral security) with the maximum debt amount of 3