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(영문) 수원지방법원평택지원 2020.09.10 2020고단540

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the head of a branch office Co., Ltd. (hereinafter referred to as “C”) of virtual currency B.

On January 2016, the Defendant had been able to make an investment in B sold by the said company through a buyer, and had the intent to acquire the investment money by explaining to the effect that “if investing in B, it may pay a larger amount of money by an exchange value increase, etc.” against other investors.

Around June 1, 2016, the Defendant: (a) stated that the victim F in the Guro-gu Seoul Metropolitan Government D Building E “B may be punished by money if he/she purchased”; (b) the victim was false from around that time to June 21, 2017, “the B market price is 200 won in each month, and the future exchange value will be continuously increased; and (c) “B may use money anywhere because it would be able to guarantee it by gold; (b) the victim was free from face to face on the Internet (Internet) for direct fraud by the company, but (b) the Defendant was at the end of guaranteeing the principal and interest of up to 200 won”, and “the principal and interest of the company will be guaranteed.”

However, in fact, B cannot be used as a means to purchase goods and there is little possibility of using B as a means to increase its future value. In fact, B’s market price was already 27.19 won around June 1, 2016 and 2.98 won around November 23, 2016, and 6.75 won around June 21, 2017, and there was no de facto value. The Defendant purchased B from the victim with the investment money received from C, not with the purchase by the victim, but with the purchase by re-purchaseed B owned by the existing investors, and recovered its investment money. Since B’s investment difference was intended to use it as the Defendant’s personal debt and living expenses, there was no intention or ability to earn high profit even if having received the investment money from the victim.

Nevertheless, the defendant is a name of investment from the victim on June 1, 2016.