A defendant shall be punished by imprisonment for a term of one year and three months.

Punishment of the crime

[Criminal record] On December 18, 2014, the Defendant was sentenced to a suspended sentence of one year of imprisonment for fraud at the Seoul Western District Court, and on July 22, 2015, the said judgment became final and conclusive.

[2] The defendant is a person to whom the defendant's wife F was delegated by the defendant's wife to exercise his/her mining right in Hongcheon-gun E.

In fact, around August 2, 2010, the Defendant entered into a contract with G to establish a mining concession right to extract minerals for a period of five years with respect to the above mine. From September 10, 2010 to September 10, the Defendant had been in the process of performing the registration procedure for the establishment of a mining concession right between G and G in relation to the above mining contract. From around that time, the Defendant had no intention or ability to immediately return the principal, even if the Defendant received the investment money from the victim J even if he would receive the investment money from the said G while exercising the right of retention, due to the fact that the said G had occupied the access to the above mine while exercising the right of retention.

Nevertheless, the Defendant, around January 7, 201, was located in 846, Yeongdeungpo-gu, Seoul, Seoul, Gabro 846, which recommended the Defendant to make an investment in mining business of the mine in the 10-story department stores, and was introduced through H and I, and notified the Defendant of the above facts, but instead, without notifying the fact, he could make profits if the Defendant “the market has already been secured” to the victim.

The phrase “23% out of the profits from the sale of Extraordinary is to be carried out,” and it is said that it invests KRW 300 million in the mining business under the condition that J, I, and H own 50% of the above mine business, but grants KRW 23% of the profits from the mining business to J, and the principal shall be returned without delay in cash when there is a problem in the progress of the business. However, it is not stated in the facts charged. However, when considering the purpose of the investigation and the trial as a whole, the Defendant’s right of defense is exercised.