The judgment of the court below is reversed.

The defendant shall be innocent.

1. The lower court found the Defendant guilty of obstruction of another’s exercise of rights and infringement of a structure among the facts charged in the instant case, and found the Defendant not guilty of the larceny. However, inasmuch as it found the Defendant guilty of the crime of obstruction of another’s exercise of rights, which is the ancillary facts identical to the facts charged in the instant case, the lower court did not separately decide the Defendant not guilty, and the acquittal became final and conclusive

Therefore, the scope of the trial for the trial is limited to the part of the remaining conviction except for the larceny which became final and conclusive in the judgment of the court below.

2. The summary of the grounds for appeal (fact-finding) was that the Defendant acquired the ownership of the indoor scke-in golf course (hereinafter “instant golf course”) under the exchange contract concluded with D on June 16, 201 with D, and directly operated the said golf course after the Defendant acquired the ownership of the said golf course (hereinafter “instant golf course”). The F is only a nominal lessee of the said golf course, and the Defendant did not possess the said golf course.

Nevertheless, the lower court, based on the premise that F had occupied and operated the instant golf course, committed an unlawful act that affected the conclusion of the judgment by misunderstanding the fact that F had committed the crime of obstructing the exercise of right and entering a structure.

3. Summary of the facts charged in the instant case (excluding the larceny part for which innocence is confirmed)

A. Obstruction of a right is a person who acquired ownership of the building upon entering into a contract to exchange the ownership D and the above building with the owner D and two parcels outside Incheon Military E, which are owned by the owner under Articles 401 and 402 of the C building at Silung-si around June 16, 201.

On June 10, 201, the Defendant: (a) was notified by D and D, the victim F, the owner of the foregoing building, to pay KRW 40 million; (b) the monthly rent of KRW 2 million; and (c) was notified by D of the fact that he/she concluded a lease agreement to lease by June 9, 2013; and (d) consented thereto, the Defendant concluded the said lease agreement between D and the victim.