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A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
From July 2013 to October 12, 2015, the Defendant operated a DH club on the fourth floor of the Seocho-gu Seoul Metropolitan Government C Building.
On October 20, 2014, the Defendant paid annual fees to the victim E at the above health club on October 20, 2014, the Defendant made a false statement as if he would allow the victim E to use the above health club facilities during the contract period.
However, in fact, from April 2014, the Defendant was in a situation where it was difficult to provide monthly salary for employees because the operation of the health club was difficult, from around B, from around October 2014, the monthly rent of the above health club was not paid. Since around October 2014, the Defendant was in a situation where the monthly rent of the health club was unable to be paid, and the monthly rent of the health club was in excess of that of the obligation owed by KRW 130 million,000,000, and eventually, the health club was closed down. Therefore, even if the Defendant received membership fees from the damaged person, the Defendant has no intention or ability to allow the said health club to use the health club during the contract period.
As above, the Defendant deceivings the victim and received KRW 950,000 as the monthly usage fee of 15 health clubs from the injured party.
From around that time to October 6, 2015, the Defendant received a total of KRW 23,330,000 from 36 victims as indicated in the list of offenses in attached Table.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. Application of each of the Acts and subordinate statutes to a complaint;
1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;