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Defendant
A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.
, however, for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2014 Highest 4450] The Defendants leased 8th floor of the D building in Namyang-si, Namyang-si, and operated the E Vitice Center in partnership.
On December 17, 2013, the Defendants conspired to operate the above insignia center normally, and received 420,000 won from the victim F as a member fee.
However, the Defendants were unable to pay management expenses and rents of KRW 10,80,000 and KRW 12,000,000,000 for the total management expenses for the portion of 3 months at that time, and they were unable to pay them by December 16, 2013, the Defendants transferred to G all the ownership of the facilities and equipment inside the above volatilen Center, and given up the right of possession of the above volatilen Center and given up the suspension and suspension of the rights.
“Although there was an agreement with the lessor to the effect that the management expenses and rents were not paid within the above period, there was no special property, and the monthly revenue was only KRW 3-40 million, but the annual revenue was paid KRW 50 million per month in terms of the amount of health care and personnel expenses, and there was no intention or ability to normally operate the above health care center even if the payment was made from the victim F, because there was a situation where the amount of KRW 50 million per month was incurred more than KRW 10 million per month in terms of the amount of health care and personnel expenses.
Nevertheless, the Defendants, as seen above, received 2,680,000 won from the victim F to April 25, 2014, including by deceiving the victim F and received 4,50,000 won on the same day from the victim F. From that time, the Defendants received 51 times the total sum of 2,68,000 won as members fees, as shown in the attached list of crimes.
[2015 Highest 2019]
1. Forgery of private documents;
A. Defendant B: (a) around April 2014, 2014, using a computer located therein at the E-Banix of the 8th floor of the D building in Namyang-si, Namyang-si; and (b) below the “wholly paid certificate” and the “health equipment seller.”