The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, the Defendant: (a) entered into a lease agreement with Daesung Development Co., Ltd. (hereinafter “Masung Development”) and Mapo-gu Seoul Mapo-gu C apartment 307 (hereinafter “instant 307”); and (b) agreed that the payment of KRW 80 million is offset against the existing wage claim that the Defendant did not receive from Daesung Development.

As such, the Defendant actually held the right to refund the lease deposit equivalent to KRW 80 million for the development of the opposite nature at the time, and thus, the Defendant submitted the “application for report on right and demand for distribution” concerning the right to return the lease deposit in the procedure for the compulsory auction of the instant real estate, thereby doing so by fraudulent means.

Although it cannot be deemed that the auction court or the court of auction was deceiving, and the defendant did not have any intention to interfere with auction and to commit fraud, the court below found the defendant guilty of all the charges of obstruction of auction and attempted fraud of this case by misunderstanding the facts.

B. As to the facts charged of attempted fraud by misapprehending the legal principles, insofar as the Defendant’s submission of “written application for report on rights and demand for distribution” in the auction procedure alone cannot obtain the result of acquiring property or property benefits, it cannot be deemed to constitute the commencement of the commission of the litigation fraud, and the lower court convicted the Defendant of the charges of attempted fraud of this case by misapprehending the legal doctrine.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court: (a) exercised the right of retention against the instant building, including the instant subparagraph 307, from October 208 to October 2008; and (b) Hoho Construction filed a lawsuit claiming the delivery of the instant subparagraph 307 against F who possessed the instant subparagraph 307 on January 13, 2012.