The defendant's appeal is dismissed.

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. From the time of the initial police investigation, the Defendant appears to have committed the instant crime and committed a mistake.

In addition, the Defendant was punished twice by a fine for the crime of drunk driving without the same criminal record before the crime of this case is committed.

Moreover, under the circumstances where the Defendant is getting back from enormous debts at the time, it seems that the Defendant committed the instant crime, economic difficulties have occurred and divorced from his family in 2011, and has been living far away from his family, and the fact that it is the most likely to support the mother of the aged older than 80 years old is considered favorable to the Defendant.

However, the crime of this case, although the defendant was not authorized to sell the building of this case from B that would be entitled to the right of sale of the migrants in the event of the development of the building of this case, is false to conclude that if the victim purchases the building of this case, he would leave the profit by allowing the purchase of the building of the B B to purchase the housing site of the migrants, and that it was acquired by the victim with the purchase price of 70 million won under the name of the victim, the punishment of the illegality of the act is more severe in light of the crime method

Furthermore, the Defendant had received 50 million won under the name of purchase price from H under the same method as this case in the past, and it seems that the Defendant committed the instant crime in order to redeem this.

In addition, the fact that the defendant is still unable to reach an agreement with the victim and to take measures for the recovery of damage of the victim, the victim who suffered enormous damage due to the crime of this case under difficult circumstances following the court below's decision and the court below also tried to punish the defendant, and the age, character, character, intelligence and environment of the defendant, relationship with the victim, motive, means and result of the crime after the crime is committed.