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(영문) 창원지방법원 진주지원 2018.07.06 2018고단260
사기등
Text

A defendant shall be punished by imprisonment for one month.

Reasons

Punishment of the crime

On December 8, 2016, the Defendant was sentenced to five years of imprisonment with prison labor at the Busan District Court for fraud, etc. on April 26, 2017, which became final and conclusive. On July 12, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc., and the judgment became final and conclusive on January 24, 2018.

The Defendant is a person who was the head of Busan Branch Office with interest of the actual operator of the Company B (hereinafter “B”).

1. On November 17, 201, the Defendant: (a) provided the victim E’s research institute located in Seo-gu, Busan; (b) via F, an employee of the said B, with the victim’s “in the event that he/she has subscribed to the membership fee of KRW 33 million, he/she will provide the victim with the tracking and membership treatment for domestic golf courses between 28 and 5 years each year; and (c) return KRW 30 million out of the membership deposit to the interesting country insurance company as collateral by subscribing the victim to the beneficiary and the insured.

“A false statement” was made.

However, in fact, the terms and conditions of the above contract are 150,000 won per average, if B pays KRW 30,000 to KRW 50,000 for KRW 30,000 for KRW 50,000 for KRW 1,200,000 for KRW 28,000,000 for KRW 28,000,000 for KRW 28,000 for KRW 28,000 for KRW 3,360,00 for KRW 28,00 for KRW 28,00,00 for KRW 3,00,00 for KRW 1,00 for KRW

Therefore, since it was inevitable to continue the business by paying the fees for the use of the existing golf course with the new membership deposit, the victim had no intention or ability to return the full amount of the deposit to the victim after the termination of the contract.

After all, the defendant deceivings the victim as above, and he received 33 million won from the victim to the national bank account in the name of the bank in the name of the bank in charge of the settlement of accounts.

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