Defendants are not guilty.

1. The facts charged in the instant case [F] The National Agricultural Cooperative Federation (hereinafter “CF”) filed an application for voluntary auction against the instant real estate as a mortgagee who was established a collateral security right, the sum of the maximum debt amount of which is 1,714,000,000 for each land and its ground buildings of Seo-gu, Seo-gu, Gwangju, and Gwangju (hereinafter “CF”), and the Gwangju District Court decided to commence voluntary auction against the instant real estate on January 12, 2004.

Defendant

A, the representative director, G Co., Ltd. (hereinafter “G”) filed a lien on May 20, 2004 with the auction court, claiming that there was a claim for construction cost of KRW 1,840,00,000 in relation to the extension of the building on the ground (hereinafter “instant building”) among the instant real estate (hereinafter “instant construction”).

On December 23, 2004, the Agricultural Cooperatives Federation filed a lawsuit against G to confirm existence of a lien, and the court of the first instance of the Gwangju District Court dismissed the claims of the Agricultural Cooperatives Federation on the judgment that G lien exists.

The National Agricultural Cooperative Federation filed an appeal against this, and G changed the claim for construction cost to KRW 737,283,82 in the appellate court.

【Criminal Facts】

On January 12, 2004, the date when the Gwangju District Court decided to commence voluntary auction of the instant real estate, the Defendants did not have a right of retention. However, in the appellate court of the lawsuit seeking confirmation of existence of a right of retention filed by the NACF, the Defendants offered to obtain profits by making false assertion that the right of retention exists in the appellate court of the lawsuit seeking confirmation of existence of a right of retention, and then offered to obtain profits by making the right of retention as the lien holder.

Accordingly, on May 19, 2006, Defendant B occupied the building of this case in the Gwangju High Court where the appellate court of the lawsuit for the confirmation of existence of lien existed at 342-1, Dong-dong, Gwangju-dong, Gwangju-dong, and the appellate court of the lawsuit for the confirmation of existence of lien existed, while occupying the building of this case, and the construction was suspended on January 31, 2004.