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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
[2018 Highest 4444] The Defendant posted a letter to the effect that the Defendant received investment money from many unspecified persons, and used it as money for online sports discussions, and around July 2018, the Defendant offered virtual currency transaction information on the B bulletin board providing virtual currency transaction information, stating that “10-16% of the investment money may be made and there is an epochless investment method that does not pose a risk to losses.”
On August 14, 2018, the Defendant stated that “A victim D, who reported and contacted the foregoing writing, worked in an virtual currency exchange located in Seoul, with which he/she obtained information from his/her friendship, would make profits of 10-16% per day without loss of principal. If he/she makes an investment in crowdfunding, 6% out of 10% of the investment amount shall be paid to investors, and the principal shall be guaranteed by the investor.” The Defendant stated that “I will receive 20 million won from the victim’s E-association account in the name of the Defendant on the same day, including that I will receive 20 million won from the victim.”
1. As described in the foregoing, 223 million won was paid from July 11, 2018 to October 13, 2018 by the same method from 15 victims.
However, in fact, the defendant did not have any relationship with the employee of the virtual currency exchange, and did not use the money received from the victims for purchasing virtual currency, and was planned to use the money for the Internet sports entertainment entertainment fund, or to pay profits to the other victims by means of return prevention, and thus, there was no intention or ability to pay profits or return the principal as promised even if he received the investment money from the victims.
Accordingly, the defendant deceivings 15 victims as above, and obtained a total of KRW 223 million from victims and acquired them by deceit.
[2018 Highest 4488] Defendant on September 2018, 201 to B bulletin board the Internet police officer.