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(영문) 수원지방법원 2018.05.17 2017노9461

사기등

Text

The judgment below

The parts of the defendant A, B, D, E, and F shall be reversed.

Defendant

A and B shall be sentenced to three years of imprisonment.

Reasons

1. As to the decision of the court below on the summary of the reasons for appeal (as to the defendant A and B: 5 years of imprisonment; 3 years of suspended sentence of imprisonment of 2 years; 1 year of imprisonment of 1 year; 2 years of imprisonment of 2 years; and 4 years of imprisonment), the defendant A, B, D, E, and F are too unfford and too unfford, and the prosecutor is too unfford and unfair.

2. The crime of this case is very poor that the price of the virtual currency called Bitcoin increases and interest in the crime of this case increases, and the crime of this case is committed in contact with the sale of the virtual currency in the name of V in the multi-level financial fraud, thereby receiving and defrauding large amount of money from many victims.

Defendant

A, B, D, and F alleged to the effect that it is a virtual currency that is still likely to increase value in view of the long term as the basis of the block chain technology even though they were committed in the first instance, V still is the virtual currency that is based on the actual block chain technology. However, V was not registered as a virtual currency, and it was not possible to secure a chain store that is able to purchase actual goods or services, and the present situation is extremely difficult to realize in the Republic of Korea. Therefore, the above assertion by the Defendants cannot be accepted.

In addition, from around 2016, there were several victims requesting refund, and each time they responded to the above Defendants by preventing the return of money obtained from other victims. Since the investigation of this case was commenced, the above Defendants attempted to destroy evidence, such as deletion of e-mail in response to the investigation or response to the speech, as they were known through the message received by the above Defendants, as seen in the above Defendants, it is deemed that the above Defendants were well aware of the substance of V, and thus, the Defendants’ assertion of sentencing cannot be accepted.

A. Defendants A, B, and B are the business entities of the first and second stages of the instant multi-stage organization, and V entered Korea from the beginning.