A defendant shall be punished by imprisonment for not more than ten months.

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.

Punishment of the crime

"2017 Highest 249"

1. The Defendant, in violation of the Installation and Utilization of Sports Facilities Act from September 1, 2015 to July 4, 2016, operated a physical training course by having the sports equipment, such as booms, dump bells, and string machines, equipped with the third floor of the building D located in Daegu-gu Office without reporting it, and having the users receive usage fees every three months, six months, and one year from the users, and allowing them to use the sports equipment and shower facilities.

2. Around May 26, 2016, the Defendant stated to the effect that “The Defendant would allow the use of the Egy clubs for one year if the Defendant provided KRW 646,800 to the 1-year health clubs usage fees.”

However, since the Defendant continued to operate the above EF club, there was no deficit, and there was no monthly rent and management fee for the sales of the pertinent club. From November 2015, the Defendant was unable to pay wages to the employees. From around January 2016, the credit card payment was delayed, and the electricity fee and water fee were not paid at the time, and the Defendant was not paid at the time, and thus, the Defendant was paid a one-year fee from the injured party.

Even if it is difficult to maintain the contractual relationship and the supply of electricity and water for the above health club building, there was no one-year health club use for the victim.

As such, the Defendant, by deceiving the victim, received 646,800 won from the victim as the annual use price for one year, and received 8,480,800 won in total over 20 times from February 22, 2016 to June 29, 2016, as shown in the list of crimes in attached Table 20 times.

On July 14, 2015, the Defendant of the 2017 Highest 1486, at the office of the Defendant’s “H” health club in Daegu-gu, Daegu-gu, the market price of which is equivalent to KRW 40 million, including the learning machine, from victim I.