The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

1. The Defendant was planning to implement an officetel construction project after purchasing land and buildings equivalent to 14 billion won at the market price owned by a limited company G in Yangcheon-gu Seoul Metropolitan Government from July 201, 201.

On July 7, 2011, the Defendant recommended the victim H to invest funds in the instant officetel construction project, known as a usual business relationship.

The defendant stated that "the defendant has secured an investment amount of KRW 1,50,000,000 from other investors because it is necessary to purchase the above land and building, and 8,50,000 won has been invested by 1,50,000 won, it is possible to pay down payment, and if a business has been conducted with a PF loan from a financial institution, it may obtain reasonable profits, and 10% of profits will be paid in return for investment."

However, in fact, the investment amount of KRW 850 million paid as the down payment was not secured.

On July 18, 2011, the Defendant acquired 150,000 won by transfer from the victim H who believed that the said real estate will be subject to an office building project by means of a contract with another investment amount of KRW 850,000,000,00,000 if the Defendant invested 150,000 won.

B. On the first and second day of December 201, the Defendant stated that “The Defendant would immediately set up a pledge on the rent deposit of the coffee shop operated by a friendly dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong.”

However, the fact was not a situation in which principal can be repaid within 3 and 4 months, and it was a situation in which it was impossible to set up a pledge on the deposit of coffee shop operated by the friendship-gu immediately as a security for the borrowed money.

When the Defendant borrowed money on the first and second anniversary of December 2011, the Defendant was immediately granted a security, and 3,4 months.