The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

(a) there was no intention to obtain fraud;

B. The sentence of the lower judgment (two years of suspended execution in August, and eight hours of community service) is too unreasonable.

2. Judgment on the assertion that there was no intention to obtain fraud

A. Comprehensively taking account of the evidence duly adopted and examined by the court below, the following facts are recognized.

(1) A stock company E, one of which was developing a housing complex in the large scale D (hereinafter referred to as "D") around December 2008, was owned by it around December 2008.

The V divided the land into several parcels, and sold the land of W, X, Y, Z, S, T, F, and G (hereinafter “each housing site”) to each individual who wishes to construct a house. On December 10, 2008, the Defendant completed the registration of the transfer of ownership on the land of F in each housing site, and the remaining housing site has become subject to ownership transfer, etc. in each individual’s name.

(2) The eight owners, including the Defendant, of each housing site shall use a P road (state small access road) connecting the village from July 2009 to each housing site as an access road around July 2009, to obtain necessary construction authorization or permission for each housing site.

③ At that time, the Defendant selected a construction company on behalf of the owners of each housing site with the consent of the owners of each housing site, and contracted the civil engineering works necessary for each housing site.

The Defendant first paid the contractor the total construction cost of KRW 610 million at his own expense.

④ P roads, which are access roads to each housing site, are plucked or plucked in the form of “three-dimensional” in some sections. As a large number of roads are damaged, construction works, such as the installation of retaining walls, were required.

Therefore, even if the restoration of the original state is completed, it was not easy to pass the vehicle.

For this reason, each owner of a housing site shall not restore the P road from among the P road in the process of the above civil engineering works to its original form, but rather than restore the P road to its original form.