The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Fact-misunderstanding (Defendant) Ctel 302 does not constitute “the residence of another person” as the place originally occupied by the Defendant, and the Defendant was duly authorized by G with the permission of the lien holder, and the lower court found the Defendant guilty of the facts charged in this case and thereby adversely affected the conclusion of the judgment.

B. misunderstanding of the legal principles (defendants and prosecutors) 1), even if Defendant G is not a lawful lien holder, the Defendant has a legitimate authority over the above 302, upon permission from G, claiming that he/she is a lien holder.

Therefore, the lower court which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal doctrine, which affected the conclusion of the judgment, although it cannot be punished by mistake of law under Article 16 of the Criminal Act.

2) In the instant case where the Defendant and the public prosecutor claimed a formal trial against the summary order, the lower court which sentenced the penalty of KRW 5 million heavier than that of the summary order (one million won), erred by misapprehending the legal doctrine on prohibition of disadvantageous alteration, which affected the conclusion of the judgment.

(c)

Sentencing (the defendant and the prosecutor) The sentence (the penalty amounting to five million won) sentenced by the court below is too unreasonable.

2. Determination

A. 1) According to the evidence duly adopted and examined by the lower court, the following facts are acknowledged.

With respect to C Officetel 302 on February 19, 2013, K made a registration of ownership preservation on February 19, 2013. D entered into a sales contract with K on October 30, 2013 under its own name and completed the registration of ownership transfer on December 27, 2013, and completed the registration of ownership transfer toO, P, and Q on December 28, 201.

On May 2, 2014, the injured party E completed the registration of transfer of ownership on the ground of sale and purchase with respect to No. 302.

G The claim for the construction cost against K shall be the secured claim.