The defendant is innocent. The summary of this judgment shall be notified publicly.

The request of the applicant for compensation shall be dismissed.

1. The summary of the facts charged [2015 Highest 409, the representative director D, hereinafter “victim”) received a subcontract for the structural construction from H General Construction Co., Ltd. (hereinafter “H General Construction”) which is the contractor of the construction project constructing a main commercial building on E, F, and G ground (hereinafter “the instant real estate”) on March 8, 2007. On November 19, 2010, when a voluntary auction procedure was commenced with a resident support first for the instant real estate in the Daegu District Court located in the subcontracted construction project, the claim for construction cost of KRW 845,000,000 as construction cost during the construction cost, and filed a report thereon with the said court at a lien.

From the end of February 2012, the Defendant came to know D’s representative director of the victim through J, a first police officer on March 2012, 2012, and sought D to assist him/her in exercising the above lien for the victim.

Since that time, K had K assist in the possession of the instant real estate.

On the other hand, on May 1, 2012, the instant real estate was knocked down to L Co., Ltd.

The Defendant, as above, deceiving the victim by deceiving him that he will assist in possession of the instant real estate that he had the right of retention through K, received a written statement of transfer of the victim’s right of retention and H integrated construction, and in fact, he was willing to exercise his right of retention and credit (hereinafter “the instant right of retention and credit”).

On March 14, 2012, the defendant around March 14, 2012, at the office of the victim of Gangdong-gu Seoul Metropolitan Government M building 201, the defendant is required to report to the police station the situation where the defendant's "if the right of retention is exercised, it may cause danger to the victim."

Accordingly, in order to make a report to a police station as a lien, it is necessary to prove that the person exercising the right of retention is an effective person, and thus, to prepare a certificate that he/she has a valid right in comparison therewith.”