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(영문) 인천지방법원 부천지원 2019.05.31 2018고단1691

사기등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On July 6, 2010, the Defendant was sentenced to three years of imprisonment for fraud, etc. at the Seoul Southern District Court, and completed the execution of the sentence in the original prison on June 20, 2014.

【Criminal Facts】

1. Fraud;

A. Around June 17, 2016, the Defendant made a false statement to the victim D, “C” in the “C” page near the U.S. in Bupyeong-gu Seoul Special Metropolitan City, Busan Special Metropolitan City B building,” stating, “The principal may be guaranteed and profits may be raised if an investment is made in the virtual currency business. As a hedge system program to adjust the rise in the price of the bitcoin is operated in the office in the Bupyeong-gu, B, Seoul Special Metropolitan City, the Defendant would be able to preserve the principal and make profits continuously by re-investment within three months.”

However, the Defendant was only a subordinate business operator of the multi-level organization E, and did not have been operating an office in Bupyeong. At that time, he was working as a subordinate business operator of the multi-level organization related to investment of another virtual currency, which is “F,” and he was liable to G, which is the investor, for the debt equivalent to KRW 110 million, and there was no intent or ability to return the principal and profits even if he received such investment money from the victim.

Around June 17, 2016, the Defendant, by deceiving the victim as above, received KRW 30 million in total from the victim to the H Enterprise Bank account operated by the Defendant as investment money; KRW 15 million in the same name as the same account around June 21, 2016; KRW 1 million in the same name as the same account around June 30, 2016; and KRW 4 million in the same name as the one in the same name as the one in the same name; and KRW 50 million in the same name as the one in the name of the first bank account, respectively.

B. On July 25, 2016, the Defendant entered the same place as the above “A” with the same victim “on the other hand, the Defendant would make a repayment without a molding one week if he/she lent KRW 10 million to the same victim.”