The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for three years.

except that this judgment.

1. Summary of grounds for appeal;

가. 사실오인 또는 법리오해 (1) 특정경제범죄가중처벌등에관한법률위반(사기)죄 관련(피고인들) ① 피고인들의 조부(祖父)인 망 X와 부(父)인 G이 대구 달성군 F(이하 ‘이 사건 토지’라고 한다)에 대하여 20년 이상 소유의 의사로써 경작하였고, 나아가 다른 사람들에게 경작을 부탁하기도 하였다.

In the process of directly viewing the decedent’s cultivation of the instant land and disposing of the deceased G’s inherited property, the Defendants confirmed that the right to claim for ownership transfer registration on the instant land was inherited.

In addition, it was never known that the deceased paid the small work on the land of this case, and only the fact that he paid the small work on the Daegu-gu Y and Z land in the name of Q Q, the shape of I, would have been known to have reached around 2004.

Therefore, the Defendants filed a lawsuit claiming the payment of deposit money (hereinafter “related civil lawsuit”) under the Seo-gu District Court Branch 2008Gahap1294 on the ground that the Defendants inherited the claim for ownership transfer registration following the completion of the prescription period for the acquisition of possession by the deceased.

② Meanwhile, even though most of the four people living in the Defendants were aware of the fact that the instant land was forged by the owner of another person, such fact may not be deemed a reasonable ground to deem that the Defendants knew of such fact through the surrounding circumstances, unless there were evidence to inform the Defendants of such fact.

In addition, the Defendants convictioned that the acquisition by possession of the instant land was completed in the front line, and the receipts of the Defendants’ union members were also made in their possession.