The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal by the defendant;

A. misunderstanding of facts and misunderstanding of legal principles were capable of paying KRW 1.5 million monthly proceeds of KRW 100 million to the victim’s investment, and the victim was able to fully repay KRW 100 million to the victim when selling the corporation’s business rights, and there was no promise to provide the victim’s apartment as security.

In other words, the defendant had the ability to return or pay the invested money and the proceeds to the victim, and there is no fact of deceiving the victim.

B. The sentence of the judgment of the court below on unreasonable sentencing (ten months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. (1) Determination of the assertion of mistake of facts and misapprehension of legal principles is acknowledged by the evidence duly adopted and investigated by the court below. (1) The victim consistently prepared an agreement on investment and lending with the defendant around June 30, 2012, which was before the victim filed a complaint against the defendant, to receive as security the apartment owned by the defendant (Seoul Yeongdeungpo-gu F apartment 110 Dong 1303) (Seoul Yeongdeungpo-gu 110 Dong 1303). (2) On May 4, 2012, the defendant also argued that the victim agreed to make an investment and lending of KRW 300 million to provide the apartment owned by the defendant as security by the above company. (3) On June 30, 2012, the victim prepared an agreement on investment and lending with the defendant around 300 million won, and immediately after that, the defendant had already sold the apartment house as security, the defendant had already sold the apartment house as security, and (4) on June 28, 2012.