The defendant provided virtual currency investment information to customers by using B Messen, and the victim C, as an investor of virtual currency, was provided with information on virtual currency investment several times from the defendant, and the defendant was trusted.

On January 26, 2018, the Defendant notified the victim of the method of participating in the disclosure of virtual currency in data monthly pattern, stating that “The transaction through the Exchange is hard to make profits,” “it was involved in the disclosure of virtual currency (referring to the ICCO, and the meaning of investing one kind of virtual currency) in data monthly pattern (referring to the amount of money invested in the virtual currency), and that it was already invested in the virtual currency that is 100 million won.”

However, in a case where the victim participates in the disclosure of virtual currency of data arbalests as the victim's virtual currency according to the method that the defendant informed the victim to the victim, the victim's virtual currency is transferred to the victim's personal virtual currency lock (referring to "banking account" for virtual currency) so that the defendant can use it at will. Since the defendant thought to use it as an investment in an individual purpose, etc., he did not have the intent or ability to allow the victim to participate in the virtual currency disclosure of "data Month" as the victim's virtual currency.

Around January 27, 2018, the Defendant: (a) by deceiving the victim; (b) received from the victim the transmission of 120 virtual currency, which is virtual currency owned by the victim, of approximately KRW 149.7 million (or KRW 147 million at the time of market price) to the Defendant’s personal virtual currency wall.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. The reason for sentencing of Article 347(1) of the Criminal Code for the crime at issue is that: (a) the initial crime or the amount of damage is not much specified; and (b) the damage is not recovered.