beta
Text
Defendant
A and B Imprisonment for two years, and Defendant C for one year and six months, respectively.
However, the defendant C is subject to objection.
Reasons
Punishment of the crime
Defendant
A (Gain, F) is a person who is entrusted with a health club in the name of "I" on the H 4th floor of the building G in Gyeyang-gu, Busan Metropolitan City. Defendant B is a actual operator of the above health club. Defendant C is a person who has been in charge of managing the membership fees and operation of the members due to the remaining relations with Defendant B.
While the Defendants were informed of the fact that the aforementioned health club was operated in a continuous manner, did not pay rent, and even did not pay rent, from around 2013, the Defendants obtained a certification of the content that it was scheduled to bring a lawsuit against the commercial management body on July 2014, which was demanded to leave from around 2014, the Defendants, despite being aware of the fact that they could no longer operate the health club normally, intended to obtain membership fees by fraud from many unspecified members by receiving the long-term membership fee for more than one year from the number of months to the long-term membership fee and closing the health club.
On July 30, 2014, the Defendants concluded that “The Defendants would allow the victim J to exercise I for a 13-month period when they join the said health club as a member of the annual membership fee of KRW 500,000.”
However, as seen earlier, at the time, the Defendants did not remain in a rental deposit due to the excessive arrears of the rent and management fee for commercial buildings, and the employees’ benefits were in arrears. Since the Defendants were proved by the content that they would file a lawsuit for the evacuation of life from the management body around July 2014, the Defendants did not have any intent or ability to normally operate the said health club during that period even if they received membership fees from the victims as annual membership fees.
The Defendants conspired to induce the victims as above and received KRW 500,000 as annual fees from the victims, and around that time, up to May 13, 2015, N No. 49 K and 90 L, No. 319, No. 309 and No. 319 are the same person.