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A defendant shall be punished by imprisonment for not more than ten months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
"2016 Highest 3248"
1. On December 14, 2015, the Defendant committed fraud against the victim C by telephone to the victim C at a closed place.
The term “to enable the purchase of D golf membership” was referred to as “on the face of KRW 68620,000,000,000 including the KRW 68 million and the registration tax.”
However, in fact, the Defendant did not have the D golf membership to sell to the victim at the time, and was willing to use the proceeds for the purchase and sale of the golf membership received from the victim as the Defendant’s debt repayment, so even if he received the payment from the victim, the Defendant did not have the intent or ability to sell the D golf membership.
On December 14, 2015, the Defendant received a remittance of KRW 68620,00,000,000 from the victim’s false statement to the account of our bank account of the E Company E, a total of the names of golf membership purchase and registration taxes, etc.
2. On March 2016, the Defendant informed the victim F of the victim F of the number of members number of H, stating that “If he/she has a golf membership, pays down money and deposits, he/she would immediately sell them, and the person H sells membership rights,” by telephone, at a place on the beginning of the police station, at the victim F.
However, in fact, the Defendant did not have the G golf membership to sell to the victim at the time, and the Defendant informed the victim of the H’s membership number was false, and the Defendant was thought to use the golf membership purchase price received from the victim as the Defendant’s debt repayment, and thus, even if the Defendant received the payment from the victimized party, the Defendant did not have the intent or ability to sell G golf membership.
The Defendant, as such, makes a false statement to the victim, and 3,0230,000 won in total, 3,000,000 won in the name of the golf membership sales and purchase deposit, and 2,723,00,000 won in the name of the balance on March 10, 2016.