However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

On October 23, 2014, at the defendant's office located in Yongcheon-si, Youngcheon-si, the defendant found the victim D in the defendant's office together with E, which is the defendant's will, and asked the defendant to be awarded a bid for the relocation of a grave and to be awarded a bid for the relocation of a grave in Yongcheon-si, Youngcheon-si.

However, in fact, the defendant received the above money from the injured party and thought to use it as the monthly income, meal expenses, and oil expenses of the defendant office, so even if the injured party receives the money from the injured party, the injured party did not have the intention or ability to receive the above bid price.

The defendant deceivings the victim as above and was transferred KRW 10 million to the Agricultural Cooperative Account (F) in the name of the defendant on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A certificate of deposit;

1. Application of Acts and subordinate statutes on deposit transactions;

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] General Frauds No. 1 (less than KRW 100 million) in the basic area (from June to one year and six months) [the person who is subject to special sentencing] [the decision of sentencing] unfavorable circumstances: The instant damage was not recovered.

The defendant has the record of the same kind of crime as that of this case.

The favorable circumstances: The defendant was aware of the crime of this case and reflects his depth.

The amount of damage in this case is not so significant.

In addition, the sentencing conditions specified in the trial process of this case, such as the defendant's age, sexual conduct, environment, motive, means and result of the crime, etc., shall be determined as ordered by considering the following factors.