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(영문) 서울중앙지방법원 2017.11.15 2017고합717

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in this case, attached Form 2 Nos. 1 through 27, and 29.

Reasons

Punishment of the crime

[Basic Facts] The Defendant, from June 2006 to April 30, 2016, had a place of business of 402, Gangnam-gu Seoul Metropolitan building D, operated a golf membership sales association (hereinafter “Defendant Company”) that operates a sales company, brokerage, sales agency, etc., and is a person who operates the same business in the same place of business from June 2012 to April 30, 2016.

In around 2014, the Defendant purchased pre-paid “G membership” membership by paying the Defendant Company a 17 million won deposit with a deposit of KRW 20 million from the Defendant Company. From 48 times to 72 times for two years, the Defendant developed a new type of planning product using the country or the Seoul metropolitan area that the Defendant Company promised to use on the condition of the exemption from the finite loan, etc. from the 48th to 42 times for a two-year period, and sells the products with pre-paid “G” membership rights to individuals or corporations, by facilitating the Defendant Company’s business headquarters to perform the duties of attracting its members and entering into a contract with its members into a nationwide golf course through the reservation room.

From December 7, 2016 to January 3, 2017, the Defendant used the sum of KRW 2,216,823,229 of the funds of the Defendant Company for the purpose of operating expenses, salary, and return of borrowed money, etc. in a short period between the Defendant and the Defendant from January 7, 2016, and provided the funds for flight, and suspended the Defendant Company’s business, and went out of the Republic of Korea on January 3, 2017.

[2] The Defendant operated the Defendant Company, and operated the golf membership sales and brokerage business as above, but from around 2010, there were many competitors, and thereafter, the Defendant Company continued to report the enemy from around that time. On March 3, 2015, the State Council passed this Act on the Prohibition of Illegal Solicitation and Payment of Money and Valuables (hereinafter “Unlawful Solicitation and Graft Act”) on March 26, 2015, and the draft of the promulgation on March 26, 2015 was rescheduled, and the sales of golf club membership sales and brokerage business was anticipated to be reduced rapidly.