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(영문) 인천지방법원 2020.11.25 2020고단5623

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[Attachment Facts] C is a company that sells online goods advertising online in multi-stage form as if it creates profits through transactions using bitcoin using "D", which is an artificial intelligence program and pays profits.

The Defendant, as the head of C Company E branch, has provided investment explanations on C online goods to many and unspecified persons, and has received investment funds in multi-stage ways and received them by fraud.

【Criminal Facts】

On February 2, 2018, the Defendant: (a) at the office located in the Bupyeong-gu, Incheon, Bupyeong-gu, Incheon; (b) at the office located in the Bupyeong-gu, Bupyeong-gu, Incheon; (c) to the victim B, “C is running a business related to B; (d) invested in cash to the headquarters located in the Pakistan in the form of bitcoin; (d) made profits from the headquarters using the artificial intelligence computer; and (d) upon the investor’s application for withdrawal, made a transfer of bitcoin to the account of the Exchange from the headquarters to the customer; and (d) upon deposit of KRW 1,200,000 won per bitco, the Defendant may receive interest at an annual rate of 7,000 won. In the event of an investment, the Defendant said that the investment is later responsible

However, in fact, C is a company whose substance is unclear because it is not identified as the location of the headquarters or contact point, and the program of “D” is not verified. The revenue indicated on C’s website is merely a so-called “point” and thus does not have any economic value, and most of the investment funds received from investors are used to pay the profit to investors requesting payment, not to transfer it to the headquarters, but to investors requesting payment of the profit, and thus, it was difficult to pay the agreed high profit rate and allowances.

The defendant knew that F, the representative director of C, was detained by the violation of the Act on Fraud and Door-to-Door Sales, etc. around October 2017, and therefore the victim made an investment.