The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

1. The summary of the facts charged in the instant case is the actual operator of C Co., Ltd. (hereinafter “C”), which is an investment company in stocks located in Gangnam-gu Seoul (hereinafter “C”), and the actual financial value of C Co., Ltd. (hereinafter “F”), and the F Co., Ltd. (hereinafter “F”) did not have any economic value, and the F Co., Ltd. was a non-powered energy business in violation of natural rules and there was no possibility of realizing the project. Although it was unclear whether the project was implemented or not and it was impossible to determine profit and repayment of principal due to uncertainty, etc., the Defendant, at the above C Office on February 25, 2009, attempted to enter the victim D and the victim E with “C is an investment company in stocks and new projects.” At present, the Defendant currently is trying to provide F Co., Ltd. as security, and to redeem the principal within three months of each month’s monthly revenue, and on the same day, he was obtained from the victims, respectively, and then by deceiving the victims with the total amount of KRW 1.6.

2. The gist of the lawsuit by the defendant and his defense counsel and the judgment of the court below

A. At the lower court, the Defendant and the defense counsel asserted that they were not guilty of deception, and at the time, they did not have any criminal intent to defraudation against the Defendant.

B. In light of the various circumstances revealed by the record, the court below acknowledged the circumstances as stated in its reasoning, which are known by the evidence duly adopted and investigated, while recognizing that the defendant was suspected of not deceiving the victims as stated in the facts charged of this case, and the burden of proof as to the facts charged charged.