The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. On August 9, 1997, the defendant paid KRW 46 million to the clan B (hereinafter "the clan of this case") and purchased the land of KRW 300,00 from the same clan (hereinafter "the land of this case"), six members of the clan who participated in the work of the clan were consented thereto, and the donation of the land of this case and the sales contract was also prepared by the representative L of the same clan.

Accordingly, the defendant recognized that he purchased the land of this case normally and further sold the land to the victim, and there was no intention to acquire the land by deception.

Nevertheless, the judgment of the court below is erroneous in misconception of facts.

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. The Defendant argued to the same effect as the lower court’s judgment on the assertion of mistake of facts.

The court below, based on the evidence duly adopted and examined, submitted a written resolution of the general meeting of a clan, hearing that the defendant prepared documents necessary for selling the land of this case, and then forged and submitted the written resolution of the general meeting of the clan. It seems that the defendant could be aware that there was a problem in the process of completing the registration of ownership transfer of the land of this case or the registration of ownership transfer, even if the defendant was prepared with a sales contract, etc. on the land of this case, the defendant did not go through the legitimate resolution procedure of the general meeting of the clan, and the defendant did not submit all the documents concerning the purchase price paid at that time. The court below rejected the defendant's assertion on the ground that the defendant deceiving the victim as criminal facts and obtained money.