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 became final and conclusive.

Punishment of the crime

The defendant is the representative of corporation E in Gangnam-gu Seoul Metropolitan Government, who has been engaged in the business of buying and selling membership in contact and golf course membership.

On February 2, 2014, the Defendant experienced difficulties in managing the company due to the payment of benefits to the employees of the above company and driving away from the repayment of the borrowed money of the above company, etc., the Defendant received money from the victim F to pay the company employees as the purchase of golf club membership fees, and used it as the name of paying the company employees, paying the company loans, and paying the

On March 3, 2014, the Defendant concluded that “The Defendant purchased the membership of a golf club with the rash in Permitted amount of KRW 350,000,000,000, and then changed the down payment to KRW 35,000,000, which is 10% of the said money.”

However, the Defendant did not secure membership to purchase down payment of KRW 35,00,000 at the time, and even if he received KRW 35,000,000 from the injured party as the management situation of the above company is not good, he did not intend or have ability to use the money for the purpose of purchasing membership as notified to the injured party.

around March 25, 2014, the Defendant transferred KRW 35,000,00 to the national bank account (G) in the name of the said company as the down payment for the costs of purchasing golf club membership from the injured party, and thereafter, the Defendant received KRW 12,00,000 from the injured party as the down payment for the costs of purchasing golf club membership in the name of the said company, and thereafter, from April 2014, the Defendant paid KRW 12,00,000 to the national bank account (G) in the name of the said company.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 47,000,000 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. H.