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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On June 3, 2013, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Seoul Northern District Court on June 3, 2013, and the judgment became final and conclusive on June 11, 2013.
On October 30, 2012, the Defendant made a false statement to the effect that “D” sports center operated by the Defendant located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, Seoul, would allow the victim E to use golf or other facilities at the said sports club for one year, where the annual membership fee is paid in KRW 1.3 million.”
However, in fact, the Defendant acquired the said Sports Center from January 201 to September 2012, the Defendant: (a) sent a total of KRW 11,3950,000 to September 2012; and (b) did not pay monthly rent and management expenses from July 2012 to September 2012; (c) continued to delay monthly rent and management expenses in excess of KRW 50,000; and (d) around November 17, 2012, the Defendant agreed to pay the whole maintenance expenses by November 25, 2012 to the end and end of the said Sports Center.
As the content of the “sports center” was written by the victims, there was no intent or ability to allow them to use the said sports center for the agreed period even if they were paid the fees from the victims. The Defendant, as seen above, by deceiving the said E, and from November 7, 2012, received KRW 10,200,000 from 18 victims, as stated in the list of crimes attached hereto, from that time until November 7, 2012, the Defendant received KRW 18,020,000 from 18 victims, as shown in the list of crimes attached hereto. The Defendant, “2013 High-class 1460,” around October 29, 2012, told the victim F to use the said sports center’s “D’s sports center,” which is operated by the Defendant in the branch of the Gyeonggi-si, the sports center, and the victim F, for the said period.”
However, the facts are that the defendant acquired the above sports center around January 201, and each month from that time until September 2012.