The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

1. Summary of grounds for appeal;

A. On February 17, 2015, the Defendant and the victim of the mistake of facts entered into a contract with the Defendant and the Defendant to exchange a total of nine households of the 1983 square meters of E forest land, F forest land, 1983 square meters (hereinafter “instant land”) owned by the Defendant and the Defendant’s wife (hereinafter “instant exchange contract”).

Around March 2015, the victim completed a provisional registration on the instant forest and field. Since then, the victim paid only six months interest on the loan interest on the forest and field, and the Defendant paid interest on the instant officetel only until August 2016, and thereafter, did not pay each of the loan interest on the real estate to be exchanged between both parties for a considerable period of time.

In addition, since there was an agreement about the restoration plan following the rescission of the contract between the parties, the parties had no obligation to cooperate in the registration of transfer of ownership of the forest of this case since the exchange contract of this case was implicitly rescinded and the defendant had no obligation to cooperate in the registration of transfer of ownership of the forest of this case since the contract of this case was implicitly rescinded on September 2017.

Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. The lower court’s judgment on the assertion of mistake of facts reveals the following circumstances, namely, the Defendant and the victim, after entering into the instant exchange contract on February 17, 2015, paid a loan interest of approximately six months for the instant forest land and the Defendant’s agent B paid the loan interest until June 2016 or August 2016 for the instant officetel, and the victim paid the loan interest to the instant officetel.