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

The Defendant, a person who operated a general restaurant in Mapo-gu Seoul Metropolitan Government “C”, was in friendship with other political parties, such as the former Speaker D, as a guest in the above restaurant, and became aware of the victim G through F, an assistant to the former National Assembly E.

Around March 4, 2016, the Defendant made a false statement to the effect that “The Defendant would return 100 million won to the Defendant, if he/she was unable to receive the proportional representation representation representation.” The Defendant made a false statement to the effect that “The Defendant would return 100 million won, which would be possible to receive the proportional representation representation representation representation.”

However, in fact, the above D shares were not allocated to proportional representation 1, and the Defendant knew from the above D around March 3, 2016 that “the victim is not eligible as a member of the National Assembly,” and thus, it was not accepted even if the victim was recommended. Therefore, even if the victim received the money from the victim, there was no intention or ability to allow the victim to be elected as proportional representation.

Nevertheless, the Defendant was issued KRW 100 million at the parking lot of the above H building around the 5th of the same month, which was false as above, by the victim.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. Application of the Acts and subordinate statutes containing letters between a complainant and a suspect A;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be limited to fraud [the type 2], the amount of more than 100 million won, and the amount of less than 500 million won (the amount of special punishment] mitigation factors: the victim shall also be subject to no penalty if he/she is fully responsible for the occurrence of a crime or the expansion of damage.