The judgment below

Part 1 and 2 of the judgment shall be reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

1. The court below sentenced 1 years of imprisonment with prison labor for the crimes Nos. 1 and 2 as indicated in the judgment, 2 years of suspended execution with prison labor for the crimes No. 3 as indicated in the judgment, and 5 million won of fine for the crimes No. 4 as stated in the judgment.

With respect to this, only the defendant appealed on the ground of mistake of facts and unfair sentencing regarding the first and second crimes in the decision of the court below. As to the remaining parts, it shall be deemed that both parties have been separated and decided by failing to file an appeal, the scope of this court's trial shall be limited to the first and second crimes in the decision of the

2. Summary of grounds for appeal;

A. In order to establish and continue a lien of mistake of facts and misapprehension of legal principles (as to the first crime in the judgment of original court), the lien holder must continue to possess the relevant goods.

However, D and I do not have a right of retention for the building of this case since the discontinuance of construction until the preparation of a letter of waiver of the right of retention is completed. D and I do not have a right of retention for the building of this case at the time of preparation of a letter of waiver of the right of retention.

In the end, even if D and I provided the defendant with a memorandum of waiver of the right of retention, it cannot be said that D and I conducted an act of disposal on the right of retention and the defendant acquired profits equivalent to the value of the security.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

3. Determination

A. The summary of the facts charged in this part of the judgment of mistake of facts and misapprehension of the legal principles is the son of F Co., Ltd. and H, the representative director of G, the owner of the above ground-based factory building, who is the owner of the 14,215 square meters of the land E-gu, Northern-gu, Mapo-si, and Ma.

The construction work of the above E-factory was in fact suspended due to the payment of the construction cost, such as the exercise of a lien by a subcontractor from October 2008, and the above land for factory was in fact suspended.