The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of five million won.

Defendant

A does not pay the above fine.

1. Summary of grounds for appeal;

A. Defendant A’s misunderstanding of fact (Defendant A) fraud does not constitute a fraudulent act of acquiring dividends based on the instant collective security (hereinafter “instant collective security”) against Defendant A’s claims against Defendant B and against R, S, T, U land, and above E-ground buildings (hereinafter “each of the instant real property”). Thus, Defendant A’s receipt of dividends based on the instant collective security does not constitute a fraudulent act against the victims in the process of expropriation of each of the instant real property.

2) Although Defendant A attempted to return I forest land to B, Defendant A did not have the intent of embezzlement since it was a provisional seizure and failed to move.

B. Illegal sentencing (the Defendants) by the lower court (one year and four months each of the Defendants) is too unreasonable.

2. Judgment on Defendant A’s assertion of mistake of facts

A. 1) The summary of this part of the facts charged was as follows: (a) the Defendants were living together from February 2, 2008 to December 201; and (b) Defendant B operated the manufacturing company of electronic parts called “F” in the old Si E.

However, the area including the building and land of the above company operated by Defendant B was planned to be developed into the Gu-U.S. G complex, and around September 30, 2009, the plan was approved by the National Assembly. At that time, Defendant B had a large amount of debt to be borne by Defendant B while operating the above company. However, the Defendants had a concern that the compensation for the land being expropriated and paid should not be distributed to them by receiving all other creditors, such as the victim H, etc. according to the plan for the construction of the above Gu-U.S. G complex.

Accordingly, the Defendants falsely prepare a false agreement or a loan certificate and pretend that Defendant A has a claim against Defendant B, set up a right to collateral security on the company’s building and land based on the false claim, and distribute the compensation to be proceeded later.