The defendant's appeal is dismissed.

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. Fact-misunderstanding 1) Of the facts charged in the instant case, the Defendant was granted the right to sell pine trees from the East Cement Co., Ltd. (hereinafter “Dongyang Cement”) or from the same group in the FF New Mining Mining Mining Area (hereinafter “G”).

After concluding a contract for the purchase and sale of trees with the victim, the work was suspended until April 201 due to heavy snow, etc., and the victim agreed to supply trees to other pine trees later, but the victim could not supply pine trees for reasons such as refusing it later.

Therefore, the court below which found the defendant guilty of this part of the facts charged even though the defendant did not deception the victim, has erred by misunderstanding facts and affecting the conclusion of the judgment.

2) Of the facts charged in the instant case, the 32 weeks of pine trees transplanted to the head of J at the time of thief’s occupation of theft (hereinafter “instant pine trees”) is not owned by Dongyang Leisure Co., Ltd. (hereinafter “Dongyang Leisure”), but owned by the Defendant, not by the Defendant. Therefore, the Defendant’s property owned by another person is not stolen.

Unlike this, the lower court which found the Defendant guilty of this part of the facts charged erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The punishment of the lower court (two years of imprisonment with prison labor for the crimes No. 1 in the holding of the lower court and for the crimes No. 2 and No. 3 in the holding of the lower court) is too unreasonable.

2. Determination

A. 1) In full view of the following circumstances cited by the lower court in determining the fraud among the facts charged in the instant case, based on the evidence duly admitted and examined by the lower court and the first instance court, the Defendant was awarded a contract for certain work of cutting down or extracting pine trees in the Fan Mine Mining Areas in 2009, and labor costs after taking account of the following circumstances.