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Defendant shall be punished by imprisonment for a term of one year and three months.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
The defendant is between the victim B and the victim C and the Dong Chang-gu.
1. On September 12, 2017, the Defendant against the victim B calls to the victim B at an infertility site, and “in the Republic of Korea, he/she operates the bitco extraction business. When investing in the bitco mining, he/she will guarantee the principal and pay 2 million won as monthly earnings while purchasing and operating ten bitco extractions. The purport of the Defendant’s investment in the bitcoin trade is to guarantee the principal and pay 30% of its profits.
However, in fact, the Defendant did not have a plan to purchase the extraction machine even if he received money from the victim as the source of investment in virtual currency, and was thought to use the investment money received from the victim or the proceeds from the investment in virtual currency for personal purposes, such as purchase of game items, personal debt repayment, living expenses, etc., and at the time, the Defendant was in the situation of reporting losses from the investment in virtual currency without any specific property or income, so there was no intention or ability to pay the investment principal and
Nevertheless, the Defendant, by deceiving the victim as above, received KRW 32.7 million from the victim to the bank account (E) under the name of the Defendant in the name of the same day as investment money, and received from that time a total of KRW 57.7 million from that time until December 12, 2017, as shown in the List of Crimes (1).
2. On December 30, 2017, the criminal defendant against the victim C told the victim C to the effect that “within the country is an bitco-investment business. When investing in Bitco-in, it would guarantee the principal and pay 10% of the principal invested every month as profits.”
However, even if the defendant receives money from the victim as the source of investment in virtual currency, he/she shall receive the money from the victim or the proceeds from investment in virtual currency.