The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Although the Defendant was merely to receive testamentary gift or gift from G, which is a form of punishment, and disposed of the above site, which is one of his own sole ownership, the lower court found the Defendant guilty of the facts charged of this case, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (one year of suspended sentence in six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant, in consultation with G and other siblings to have the net G designated as a recipient of basic living benefits, completed the registration of transfer of ownership by accepting the instant site in trust from G under the name of G, and the Defendant received a legacy or gift of the said site from G.

One of the arguments is that there is no particular evidence about it, and the defendant himself expresses that he will reduce 1/5 shares of inheritance to the co-inheritors and early, and it is sufficiently recognized that the defendant arbitrarily disposed of and embezzled the site of this case while the victims and co-owners have been kept in custody.

B. In a case where there is no change in the conditions of sentencing compared to the first instance court’s determination on the unfair argument of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The lower court, as indicated in its holding, determined the sentence against the Defendant by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances.

The circumstances alleged by the Defendant on the grounds of appeal appear to have already been considered in the sentencing process of the lower court, and there is no new change in circumstances that could change the sentence of the lower court in the trial.

The age, sex, environment, motive, means and consequence of the crime of the defendant as shown in the deliberation of the court below and the party concerned.