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(영문) 서울남부지방법원 2018.08.10 2017고단387 (1)

사기등

Text

A defendant shall be punished by imprisonment for four years.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

1. The Defendant’s status, role, and public offering is a company’s overall business or general sales market for golf membership sales business (hereinafter “the Plaintiff”) with C, the representative director of the said company, and C, with C, with the intent to acquire money from an unspecified number of victims by selling similar membership cards, by selling them, such as developing related products, managing funds, managing members, and managing sales offices, and managing sales organizations, which are conducted in order by the Defendant, by taking into account the opinions of the sales organization, and by selling similar membership cards, upon the Defendant’s arbitrary use of an unspecified golf course nationwide and claiming the difference between the golf club members and non-members (hereinafter “pseudo membership”).

2. A financial holding company B has continuously recorded the deficit every year from around 2008, and the current net loss was a 6.2 billion won in 2013, an amount equivalent to 5.8 billion won in 2014, and an amount equivalent to 24.9 billion won in the debt as of December 31, 2013, and an amount equivalent to 4.3 billion won in the capital as of December 31, 2014.

Under such circumstances, the Defendant was willing to acquire money from many unspecified victims by selling similar membership to compensate for the difference in the golf course, and the fact was not good in the financial situation of the above company, and the sales of the above similar membership was more likely to cause losses to the sales of similar membership by increasing the amount deposited from BB in the savings bank than the amount deposited in the savings bank, such as membership fees, etc., and it was difficult for the company to form an investment capital by paying 10 to 30% of deposit and membership fees as sales commission to the sales branch, etc.