The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding the facts or misunderstanding the legal principles, caused a loss of principal due to the failure to invest in stocks, had the intent and ability to return the principal of the investment to the victim, and there was no criminal intent to defraud the victim.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court as to the assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the Defendant would have paid high-amount profits through stock investment even though the Defendant did not have any intent or ability to return the principal to the victim if the principal was incurred due to failure in the investment of stocks, and paid the principal by the fixed period.

This part of the defendant's assertion is without merit, since it can be recognized that the damaged person was accused of money.

① At the time when the Defendant borrowed money from the injured party or received investment, the Defendant was liable for personal debts of approximately KRW 40 million,00,000,000, and the property was the real estate of approximately KRW 47,50,000,00,00,000, including the forest and fields in the South-west Sea, and there was no other specific property (the Defendant, in addition to the real estate of the above 4 parcels at the time, had property equivalent to approximately KRW 334,00,00,00,00,00

However, this assertion is not accepted because it was either borrowed money from the injured party or received an investment, or there is no evidence to acknowledge it. ② As to the real estate of the above four parcels of real estate at the time when the Defendant received an investment from the injured party, there was a set of right and superficies for the maximum claim amount of KRW 16 million in the future of the agricultural cooperative, dong-dong with the neighboring mortgagee, and there was a set of right and superficies.

On March 20, 2012, the above mortgage and superficies were cancelled on March 20, 2012, but the defendant left as joint collateral the four parcels of real estate on the same day, and the upper limit of the claim is 5.5.