All appeals by the defendant and the prosecutor are dismissed.

I. Summary of reasons for appeal

1. On April 1, 2008, the Defendant asserted the Defendant’s misunderstanding of the facts, ① purchased the F forest land of KRW 16,543 square meters (hereinafter “the instant forest”) from the injured party on KRW 1.488,94 million (= KRW 889,400,000,000).

② On April 2008, the Defendant had paid KRW 600 million in cash to the victim in lieu of the payment of the purchase price for the claim of KRW 889,400,000 or more already paid to the victim in relation to the forest of this case.

③ Therefore, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous in the misapprehension of the facts, although the Defendant merely acquired the ownership of the forest of this case lawfully and did not have acquired the forest of this case from the victim by deceiving the victim.

2. The punishment of the lower court (two years of imprisonment) on each of the charges of the Defendant and the Prosecutor’s unfair sentencing is too heavy or too unhued (the Defendant).

Ⅱ H. H. H. H. H.

1. Judgment on the Defendant’s assertion of mistake of facts

A. 1) The lower court acknowledged the fact that the Defendant, based on each of the evidence as indicated in the lower judgment, by deceiving the victim, acquired the forest of this case from the damaged party by deceiving the victim.

2) In addition, the lower court determined that the Defendant’s assertion was groundless in light of the following circumstances acknowledged by the lower court’s judgment (five to seven pages of the lower court’s decision), and the evidence duly admitted and investigated by the lower court, with respect to the Defendant’s assertion to the same effect as the grounds for appeal.

[The circumstances acknowledged by the court below] (A) At the time of the preparation of a purchase and sale agreement on April 1, 2008, whether the defendant's claim against the victim was in existence