A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Punishment of the crime

On January 12, 2017, the Defendant was sentenced to 8 months of imprisonment for fraud at the Daejeon District Court, and the judgment was finalized on February 7, 2017.

On January 8, 2014, the Defendant made a false statement to the victim B, “If a member’s right is required to purchase membership, if a golf club membership is lent to the victim B, he/she will sell it and use it until March 8, 2014.”

However, under the circumstances where the Defendant had a debt equivalent to KRW 170 million at the time, the Defendant was in the status of 24 million per month fixed monthly payments, and there was no special property other than the golf club membership. Of the above golf club membership, some of the above golf club membership already borrowed money from a financial institution as collateral and disposed of to a third party, and some of them were given as collateral by borrowing money from a third party, so there was no intention or ability to repay money to the victim by the date of maturity.

The defendant obtained a letter of C Membership worth KRW 83 million in the market price on the same day from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement B in the suspect examination protocol of the accused by the prosecution;

1. Investigation report (to hear statements by the complainant B telephone);

1. Previous records: Application of criminal records, inquiry reports, investigation reports (a separate final and conclusive judgment attached) and Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The punishment as set forth in the order shall be determined in consideration of equity in the case where the crime of deceitation is judged together with the reason for sentencing under Article 62(1) of the Criminal Act, the fact that the criminal defendant is recognized, the victim does not want the punishment of the criminal defendant, and the first head of the crime as set forth in the judgment in this case and the judgment was rendered