The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. In the event of the election of a member of the National Assembly, the Defendant, who was a party to the election of a member of the National Assembly, requested the employment as an assistant to a public corporation or a member of the National Assembly, received KRW 60 million from the person who would return if he is not employed, and borrowed the above money to J as an election fund, but the J did not intend to arrange employment or refund the said money due to the lack of economic circumstances. Therefore, there was no intention to acquire the said money by fraud.

B. The sentence of the lower court that is unfair in sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. We examine ex officio the grounds for appeal by the defendant prior to the judgment on the grounds for appeal.

According to the records, the defendant was released on July 29, 2005 and terminated on October 6, 2005 while he was sentenced to two years of imprisonment for fraud at the Incheon District Court on May 19, 2004, and was released on July 29, 2005, and the period of parole terminated on October 6, 2005, and the crime committed by the defendant as stated in the judgment of the court below was committed between March 20, 208 and March 22, 2008.

Therefore, even though the court below should have aggravated repeated crimes under Article 35 of the Criminal Act with respect to the crime in its holding, the judgment of the court below could no longer be maintained as the crime was omitted.

B. In full view of the following circumstances acknowledged based on the evidence duly adopted and investigated by the court below as follows, even though there was a ground for ex officio reversal of the defendant's assertion of mistake of facts, the argument of mistake of facts is still subject to the judgment of the court of this court. In full view of the following circumstances acknowledged by the court below, at the time when the defendant deceivings the victim as stated in the facts charged, and

Recognized.

Therefore, the defendant's above assertion is without merit.

① The victim D and E provided that “A public official will take place F (the victim’s children) with the entry of KRW 100 million into the Republic of Korea, and F (the victim’s children) with the entry of KRW 60 million.” The victim D and E said money accordingly.