The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

1. The summary of the grounds for appeal, even though the Defendants were not genuine lessees, intended to interfere with the auction and acquire money by reporting the right as a lessee and demanding the distribution.

2. Determination

A. The following facts can be acknowledged in full view of the evidence duly admitted and examined by the court below and the court below.

(1) around 1993, H brought a lawsuit claiming loans 2,983,57730,000 and damages for delay thereof against E and won.

(2) Based on the above judgment on June 11, 2008, H applied for a compulsory auction against the F&M 187.2 square meters and above-ground buildings owned by E by the Incheon District Court J of the Incheon District Court (hereinafter “instant real estate”).

In the above auction case, the Defendants did not demand a distribution by the completion date of the demand for distribution, and the investigation report of the current status of the above case states that the Defendants were the occupants on the basis of the owner E’s statement.

The auction case was suspended by E's incidental appeal, and H was withdrawn and terminated.

(3) On December 28, 2009, H applied for a compulsory auction on the instant real estate again to Incheon District Court D.

On January 25, 2010, Defendants submitted a lease contract and applied for a report on the right to lease deposit and a demand for distribution.

The auction was dismissed because H did not comply with the notice of surplus purchase.

(4) On September 8, 201, Incheon Central Credit Union, a mortgagee of the instant real estate, conducted a voluntary auction on the instant real estate to the Incheon District Court G. On October 11, 201, the Defendants and Z, and AA reported the right to lease deposit and demanded the distribution thereof.

At the time, the report on the investigation into the current status of the auction case states that the Defendants were not present in the real estate of this case, and E was only present in the building, and it was impossible to confirm whether they were occupied or not.

(5) Defendant A shall deposit a part of the instant housing (the first floor room 2 partitions, the main room 1 column, and the toilet 1 column) with the lease deposit of KRW 20 million and the down payment of KRW 9.5 million.