2. Judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

The summary of the grounds for appeal that the court below sentenced to the defendant is too unreasonable (the court below's judgment of 1: imprisonment with prison labor for 6 months, and the second court's judgment of 3 million won).

Judgment

It is recognized that the defendant has no record of punishment for the same kind of crime in the judgment of the court of first instance.

However, the amount of damage caused by the crime of fraud of this case was not so much, and there was no agreement with the victim until the trial was held, and the damage was not completely recovered.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, etc., the sentence of the lower court is too unreasonable.

The judgment of the court below as to the claim on the second instance judgment is that the area of the mountainous district used exclusively without the permission of the competent authority reaches 261 square meters.

However, there is no record that the defendant was punished for the same crime, and the defendant seems to make efforts to restore the mountainous district exclusively used after the crime of this case to its original state.

In full view of the above circumstances and the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the lower court No. 2 is somewhat unreasonable.

Therefore, the appeal against the judgment of the court below of first instance is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal against the judgment of the court below of first instance is without merit. Since the appeal against the judgment of the court below of second instance is with merit, it is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided

【Grounds for a new judgment】 The facts constituting the offense against the defendant and the summary of the evidence recognized by the court, and the evidence thereof.