A. A. On May 25, 2009, misunderstanding of facts D Co., Ltd. entered into a contract with F (Representative E) for the remodeling construction work of KRW 427.5 million (hereinafter “instant construction work”) and actually carried out the instant construction work. In order to receive the unpaid construction cost claim of KRW 2227.5 million, D filed a lien report on the HH real estate auction case of E-owned real estate (hereinafter “instant voluntary auction”), so the Defendant did not interfere with auction by fraudulent means, but did not have any intent to interfere with auction.

B. The lower court’s sentence of unreasonable sentencing (fine 4 million won) is too unreasonable.

2. Determination

A. 1) In full view of the following facts or circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant reported a false lien with intent to obstruct auction, thereby harming the fairness of the voluntary auction of this case by deceptive means, by taking into account the following facts or circumstances.

A) On January 17, 2013, the Defendant reported the lien on D’s F with respect to the instant auction procedure, and entered KRW 4275 million as the amount of the unpaid construction price as the amount of the claim for the construction work.

B) Meanwhile, the Defendant, as a witness at the police station, stated that “The amount of the unpaid construction cost of KRW 250 million is KRW 70,000,000 or KRW 80,000,000,000,0000,000,000,000)” at the time of the investigation as the witness, on the other hand, the Defendant stated that “the amount of the unpaid construction cost of KRW 427,550,000,000,000,000 is KRW 25,000,000,000,000,0000,000,000,000,000,000,000,000