The judgment of the court below is reversed.

The defendant shall be innocent.

1. The judgment of the court below that found the defendant guilty of the facts charged of this case, although the victim voluntarily released the provisional seizure of this case and the defendant did not deceiving the victim, is erroneous in the misapprehension of the facts.

2. Summary of the facts charged and the judgment of the court below

A. The summary of the facts charged is that the Defendant is the actual owner of D’s father’s interest, who is a weather owner, such as Ji Government-si and two parcels, and that the Defendant entered into a new building contract with the victim E Co., Ltd. on September 2014.

In order to secure the payment of KRW 2,340,710,000 for the construction cost due to the said new construction work, the victim E Co., Ltd. established a provisional attachment of KRW 400,000 for the claim amount against the 1st, 2nd, 2nd, 2nd, 2015 to the 1st, 340,710,000 for the above new construction work, and was planned to exercise the lien.

On August 2015, the Defendant, at the office of the Gangnam-gu Seoul F and the victim E-stock company on the third floor, “The Defendant: (a) set up a right to collateral security and would give up the waiver of the right to retention; and (b) would pay the construction cost. However, the Defendant could not receive a normal loan because it was in a state of debt excess; and (c) received a bond of KRW 250,000,000 as collateral and then resolved its obligation.

On August 24, 2015, the member had the victim file an application for the cancellation of provisional attachment equivalent to KRW 400 million with the registry of the Jung-gu District Court on the same day, and written a written waiver of the lien on the same day.

B. The lower court’s judgment: (a) on August 19, 2015, the provisional attachment, etc. was made in the name of the Victim E Co., Ltd. (hereinafter “victim E Co., Ltd”) on August 19, 2015 with respect to KRW 1/3,00,00 and KRW 2,00,000,00,000, and was revoked on August 20, 2015; and (b) on August 20, 2015, the establishment of a lower right was registered with respect to each of the collateral security holders J, K, and H; (c) the representative director of the Victim Co., Ltd. and the Victim Co., Ltd.