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A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
Punishment of the crime
On or around December 6, 2016, the Defendant: “The Defendant is engaged in the business of developing and selling blackstones in India; “The Defendant is engaged in the business of developing and selling blackstones in India; the Defendant may collect stone at once a month-based work; and may extract blackstones at least KRW 40 million on a month-based basis. In the event of the investment of Bags, the Defendant would develop the other Bags and pay interest KRW 4 million from January 2017 to KRW 4 million; and from April 2017, he/she would divide the profits from full payment of principal KRW 10 million by half.”
However, the fact is that the above defendant has already developed as a partner B and a partner B (hereinafter referred to as "Amsan") and has waived the development of Bmsan around the end of November 2016, and the Bmsan, which has already been extracted, was that there was no profit due to the development of Tmsan, by preferentially supplying Bmar to C (representative: D) (the representative) who has invested 250 million won as a prepaid payment to the defendant.
In addition, tinsan, which was trying to be developed with the investment of the victim, entered into a contract on January 3, 2017 with the first investment of the victim (hereinafter “Btinsan”), and around this time, the blackstones that should be repaid or supplied first to C was approximately KRW 200,000,000,000 per month and interest of KRW 4 million per month was not definitely paid even if the defendant received an investment from the victim because it was not certain that the profits from the tinsan development project were generated due to the non-professional nature of the geological survey method conducted before the development of tinsan, and it was thought that some of the trade funds received from the victim was used for private purposes, such as his own living expenses, without the intent to use it as the business funds of the defendant.
The defendant deceivings the victim to do so.