The judgment of the court below is reversed.

The defendant shall be innocent.

1. Summary of grounds for appeal;

A. The Defendant did not mislead the victim that “the victim would sell a house on the face of the termination of the collateral security and repay his/her debts with the purchase price.” Rather, the Defendant resisted that the victim used the lease deposit of the hospital restaurant as the funeral hall deposit without authority, and the victim voluntarily terminated the right to collateral security to this end.

B. The sentence of the lower court (a fine of three million won) is too unreasonable.

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

A. A. Around June 23, 2011, the Defendant: (a) around June 23, 201, leased a restaurant in the victim C and the “E Hospital” located in the Busan Seo-gu; and (b) invested KRW 100 million out of the lease deposit in the restaurant.

From December 19, 2011, the Defendant began to operate a restaurant with the trade name “F”, but on the early 2012, the above restaurant was not operated properly. On March 13, 2012, the Defendant prepared a notarial deed of a debt repayment contract to return the sum of KRW 140 million, including KRW 100,000,000 and KRW 40,000,000,000, in terms of the name of money for investment and money for collection and benefit, to the victim by September 13, 2012.

In addition, on April 30, 2012, the Defendant created the right to collateral security with respect to the land and building owned by the Defendant in Busan Southern-gu, Busan-gu, a debtor, a mortgagee of the right to collateral security, and a maximum debt amount of KRW 140 million.

On September 2012, the Defendant stated that “I” coffee shop located in Busan, J. Busan, stating that “I sells a house on the face of termination of a collateral, and he will complete the payment without any mold even out of part of the debt amounting to KRW 140,000,000,000,000 in the purchase price.”

However, in fact, the Defendant received termination of the right to collateral security against the above land and buildings from the victim and disposed of it, and made a sales price of 15.5.