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

On January 14, 2016, the Defendant: (a) leased the above golf course at a low price of KRW 60 million, monthly rent of KRW 16 million to E, a representative director of the said victim’s company, at the golf course office (hereinafter “C”) owned by the victim C Co., Ltd. (hereinafter “D”); (b) around January 14, 2016, the Defendant concluded a false statement as to the purport that “I would pay the said golf course construction cost by remodelling the golf course and normally pay the said deposit and the rent of KRW 16 million; and (c) I would sell the land located in the said week to make an investment. Therefore, the Defendant would have the intention or ability to pay the said golf course monthly.”

However, in fact, as the Defendant discontinued the business due to the nonperformance of obligation by F in around 2014, the Defendant did not own the land in F, and did not own the land in F, and rather did not have any particular capital, and was in excess of the obligation due to the burden of debts of approximately KRW 10 million, and the Defendant did not secure any particular investor while trying to work with investment from others, so there was no intention or ability to pay the rent even if the Defendant leased the instant golf course from the victimized person.

Accordingly, the Defendant, by deceiving the victim as above, received the above golf course from the injured party and operated the above golf course for six months, and exempted the payment, thereby acquiring the pecuniary benefits of the sum of KRW 96 million, which is equivalent to the rent between six months.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G and H;

1. Contracts for the lease of outdoor golf practice halls;

1. In the investigation report (to hear statements by the suspect phone), the Defendant entered into the lease contract of this case under the circumstances where there is no funds to pay the deposit and monthly rent, and there is no obligation.

The defendant first paid 20 million won out of the lease deposit of 60 million won, and agreed to pay in advance the remainder deposit of 40 million won and advance payment.