All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The Defendant (the Defendant’s assertion of misunderstanding the legal doctrine was withdrawn at the first trial date) and the Defendant, as the representative of the E Co., Ltd., acquired the right to dispose of recycled aggregate from N, to whom he/she has the right to dispose of aggregate.

Inasmuch as the Defendant was aware of the foregoing recycled aggregate, there is no fact that the Defendant deceivings H as if he did not have the right to dispose of aggregate.

Nevertheless, the judgment of the court below which found the defendant guilty of this part of the facts charged without sufficient deliberation of the facts, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2) Improper sentencing (the sentence of the lower court: one year of imprisonment)

B. Prosecution’s improper sentencing

2. Determination

A. Determination on the Defendant’s misunderstanding of the facts and misapprehension of the legal doctrine 1) the Defendant asserted the same purport in the lower court.

In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the court below acknowledged that the defendant knew that he did not have any right to enter into the transfer contract on recycled aggregate of this case. However, while following the judgment, the defendant knew that he would have the right to dispose of recycled aggregate of this case by entering into a contract to transfer the proceeds of the transfer of the circular aggregate of this case to 2,00,000,000,000 won, which belongs to the above deceptive act of the defendant, and as the actual operator of H, he had the right to dispose of recycled aggregate of this case, and he, under well-known knowledge of the legal relationship on recycled aggregate of this case, remitted the down payment of KRW 10,00,000 to the defendant.

All of the facts charged in the instant case are found guilty.

① The ownership of recycled aggregate of this case was transferred as stated in the facts constituting the crime in the judgment below, and W Co., Ltd., which was entrusted with the portion of public land from the co-owner of the land outside Seo-gu Incheon and six parcels.