The defendant shall be innocent.

1. The summary of the facts charged is that the defendant did not have a legitimate right of retention and did not have the intent or ability to transfer the right of retention even if he did not receive the above money from the injured party. On February 2, 2015, at the office located in Gangdong-gu Seoul Metropolitan Government B, the victim D exercises a right of retention for the 11 household units in Dobong-gu Seoul Metropolitan Government E. G, however, even though he lives in F, even if he lives in G, 75 million won and 75 million won are provided with a written contract for the transfer of the right of retention and a written waiver of the right of retention for the above head office within 20 days, and will be transferred with the right of possession.

The term " by means of falsity, in other words, 18 million won as down payment from the above victim who believed it, and 42 million won as the balance on the 18th of the same month, was delivered from the above victim as down payment, and acquired it by fraud.

2. The defendant, who has a right of retention, based on the claim for the construction cost of the above loan by the defendant;

He had been in the state of exercising the right of retention from H, and even if the defendant was unable to exercise the right of retention, he was in possession of F by the above loan even though he was unable to exercise the right of retention.

G Payment of KRW 15 million is made to G and the transfer of possession is agreed to transfer the possession of the above loan to the victim, and there was no intention to deceive the victim.

3. Determination

A. The following facts are acknowledged according to the records of recognition.

(1) The building of Dobong-gu Seoul Metropolitan Government E 11 generation (hereinafter “the building of this case”) was a building owner under the condition that the building was not completed, and the Defendant and J agreed on September 9, 2009 that the building of this case should be sold out and proceeds from the sale of the building of this case between I and I, and then came to the status of completion after the construction was continued and completed. (2) K Union acquired a collateral security right on each loan of the building of this case on December 14, 201. Accordingly, it applied for a voluntary auction around December 14, 201, and construction business operators including L et al. in the above procedure.