A. misunderstanding of the facts or misapprehension of the legal principles, the Defendant’s waiver of the right of retention was merely the form prepared by the Plaintiff, Co., Ltd. D (hereinafter “D”) in order to assist the Defendant in receiving real estate loans as collateral, and subsequently, on the premise that the right of retention is valid, the lower court recognized that the Defendant, who reported the right of retention in an auction procedure, did not have an intention to interfere with auction, thereby adversely affecting the conclusion of the judgment.

The gist of the defense counsel's pleadings submitted after the lapse of the period for submitting the grounds for appeal shall be determined within the scope of supplement in case of appeal.

B. The sentence sentenced by the court below to the defendant (two months of imprisonment with prison labor for six months, two years of probation, and 80 hours of community service) is too unreasonable.

2. Determination

A. 1) The following facts can be acknowledged according to the evidence duly admitted and investigated by the original court and the trial court.

A) The Defendant was the representative of JJ

On November 1, 2010, the construction contract was concluded between D and Sacheon-si E (hereinafter “instant real estate”) to construct a middle industry factory on the ground and the construction work was conducted.

B) On February 6, 2012, the Defendant: (a) drafted a respective document on the waiver of lien and on-site order (hereinafter “written waiver of lien”) stating that D intends to obtain a loan on the instant real estate, etc. as security; and (b) submitted it to the FFF Agricultural Cooperatives (hereinafter “FFFFFFFF Cooperatives”); and (c) stated that D’s intent to obtain a loan on the instant real estate, etc. as security and to give up all real rights and claims arising in relation to the said construction and order the site.

C) During the process of obtaining D’s loan from the F Nonghyup, J would make a large amount of loans under the name of J 1 at the time of the loan to L who is an employee of the Defendant Company, due to the difficulty of a large amount of loans in the name of J 1, and obtain L in the form other than J, and L would receive a loan in the name of L except in the name of J. < Amended by Presidential Decree No. 2