However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

The defendant was aware of the election campaign with the victim B in 2010.

On March 11, 2016, the Defendant made a false statement to the victim by telephone that “If the victim lends KRW 10,000,000,000 to the necessary location, he/she will pay interest every month, while he/she will repay the money borrowed from the number system on September 2016.”

However, the defendant was under the condition that he was responsible for the debt equivalent to KRW 20 million, and even if he borrowed money from the victim, he did not have an intention or ability to pay the money.

Nevertheless, as above, the Defendant, by deceiving the victim, received KRW 9.5 million in cash from the victim on the same day, KRW 4.75 million in cash around April of the same year, KRW 4.15 million in cash around May of the same year, KRW 4.8 million in cash on June 17 of the same year, and KRW 4.8 million in cash ( KRW 2.2 million in cash and KRW 2.2 million in cash transferred to C AccountD in the name of the Defendant) from the victim, and acquired by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes on loan certificates, multiple copies of interest rates, and deposit certificates;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 62-2 of the Criminal Act on Probation;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (the determination of types) and the scope of recommendations [the types of fraudulent crimes] under the general fraud [the type 1] below the amount of 100 million won (the special person]: Reduction area of penalties (the scope of recommendations and recommendations), mitigation area of punishment [the scope of recommendations and recommendations], and one month through one year;

3. Determination of sentence: 8 months of imprisonment, 2 years of suspended sentence, the amount acquired by the defendant by the crime of this case is not significant, and the promise to repay the damage with the victim has not been fulfilled properly after the investigation of this case, and the damage has not been completely restored until now, and the defendant has been punished several times for the same crime.