A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 5, 2013, the Defendant concluded that, at the E office of the victim D’s management Co., Ltd. in Songpa-gu Seoul Songpa-gu Seoul, “The Defendant would pay the victim the price to the bank within a week if the Plaintiff supplied 4,00 golf sets first to the bank.”

However, in fact, the defendant did not have any intention or ability to pay the price of supply within one week, because even if he received golf contributions from the victim, he had the intention to use it for the purpose of repayment of obligations to the existing creditors.

Ultimately, the Defendant, as seen above, by deceiving the victim, received golf 40 million won worth a total of the market value of KRW 40 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. An interrogation protocol of the police against the accused (three times);

1. The police statement concerning G;

1. Each statement of H, I, J, and K;

1. Investigation report (L/L for reference or M call);

1. Application of Acts and subordinate statutes to a certificate of safekeeping and settlement of accounts for transactions;

1. Determination of the relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts and the assertion of the defendant and his/her defense counsel

1. The summary of the argument is that the Defendant purchased golf balls from the victim to deliver the actual modern marine fire insurance, and the above delivery contract was not a sexual intercourse and thus makes it impossible to pay the price to the victim inevitably, and there was no criminal intent to obtain fraud, and the victim had already been aware of the circumstances that the amount of debt borne by the Defendant is reasonable, and there was no deception from the Defendant.

2. The victim, from the investigative agency to the court, supplied the defendant with golf 4,00 gambling level to the bank, and the defendant was aware that it is economically difficult for him to do so. However, the golf financing amount is the price.