The judgment of the court below is reversed.

The defendant shall be innocent.

1. Grounds for appeal;

A. The victim C (hereinafter referred to as the "victim") has changed the name of the building permit of this case in the name of the defendant at the collateral level under the condition that all of the debt owed to the defendant is used as the construction cost of the Gwangju City D and E Ground Single Housing (hereinafter referred to as the "instant Housing"), and the person who invested in the building cost of this case as the defendant is the owner of this case.

B. The Defendant merely applied for a compulsory auction to enforce the Defendant’s claim. Therefore, the Defendant did not have an intent to obtain unlawful gains in fraud.

C. In a lawsuit fraud, the court's judgment has the content and effect in lieu of an act of disposal, but it cannot be said that the court's decision of compulsory auction due to the defendant's application for compulsory auction on the housing of this case constitutes an act of disposal.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendant guilty.

2. Summary of the facts charged in this case and the judgment of the court below

A. The summary of the facts charged in the instant case is that the Defendant tried to recover the expenses paid while building the instant house jointly with the victim, but the victim did not respond thereto, and as the name of the owner of the said house became the Defendant, making it impossible to enforce compulsory execution. As such, F, a false creditor, was served with a false payment order as if he had a loan claim against the Defendant, and was issued with a false payment order as if he had a loan claim against the Defendant, and was in the form of enforcement title, the Defendant is the owner of the building, but in fact applied for a compulsory auction for the instant house which is owned by the victim,

On August 30, 2010, the Defendant applied to the Suwon District Court for the “creditor F, Obligor A, claim amounting to KRW 60,000,00” in the Sungnam District Court of Gwangju Metropolitan City.