The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. At the time of the instant case by mistake of facts or misapprehension of legal principles, the Defendant was delegated by D, the lien holder of a multi-household house that the victim is scheduled to tender, and thus, the lower court convicted the Defendant, thereby misapprehending the legal doctrine.

B. The lower court’s sentence of unreasonable sentencing (one year of suspended execution and forty hours of community service in April) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts or misapprehension of legal principles were duly adopted and investigated by the evidence duly admitted and investigated by the lower court, namely, (i) D did not delegate the Defendant’s right to dispose of the instant multi-household house 401 to the Defendant; and (ii) merely delegated the management for the occupation of the building. Inasmuch as the Defendant is one’s lien, the Defendant may not waive the right to retention or dispose of it to a third party, on his own initiative. The Defendant may not waive the above right to retention as to 401, and may not be agreed upon with the said KRW 7 million only; (ii) the confirmation document of D’s preparation submitted to this court contains the content contrary to the above statement; (iii) it is difficult to deny the credibility of D’s above legal statement under the pretext and scope of its delegation to the Defendant; and (iii) it appears that the Defendant did not reach an agreement with the victim as to the above 401 person G at the time the Defendant received KRW 200,000 from the victim.