A defendant shall be punished by imprisonment for five years.

The defendant is 50,000,000 won by fraud to the applicant C Co., Ltd.

Punishment of the crime

"2013 Highest 3158"

1. The defrauded is the head of Busan Branch Office with interest of the actual operator of the F Co., Ltd. (hereinafter “F”), and the Defendant, while soliciting golf members, would offer membership treatment services more than 50 times at 15 times during 5 years by receiving membership deposits in the amount of KRW 22 million, KRW 33 million, and KRW 55 million according to the class of its members, and will return the deposits to the golf members by providing the services, such as issuing CDs, a certificate of deposit, or subscribing to the security deposit.

The term "" refers to the following.

However, if F members pay 50,000 won from 30,000 won per average of 150,000 won per time of golf trading, the difference of F members bears 120,000 won from 10,000 won, and F bears 3,000,000 won from 3,000,000 won from 3,000,000 won from 3,000,000 won in case of 30,000 won in a year, while the security deposit that the Defendant received from a member should be returned at the maturity, and from the viewpoint of the company, the Defendant naturally viewed the deficit.

Therefore, since it was inevitable to continue the business by paying the fees for the use of the existing golf course with the deposit of a new member, there was no intention or ability to provide the members with a golf course from 15 to 50 times a year for five years, or to return the full amount of the deposit to the members after the contract is terminated.

Nevertheless, the Defendant concealed his bad credit standing, and did not issue CDs to some of its members, and issued CDs to some of its members at the time of entering into a contract.

In order to collect CD only or to take out an insurance policy for some members, but after having taken out an insurance policy, he/she was willing to acquire the security deposit by means of receiving a standardized contract loan as security.

On March 14, 2011, the Defendant is above the G golf practice place in Ulsan-gu, Ulsan-gu.