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(영문) 대전지방법원 2018.10.23 2018고단2768
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is entitled to purchase at a low price on the ground that the Defendant previously worked for a companion animal product company in the past has a reasonable amount of money equivalent to 670 million won, and is using a foreign exchange.

At the same time, the victim recommended the virtual monetary investment.

On April 13, 2018, the Defendant purchased any virtual currency from the victim who believed the end of the Defendant through the mobile phone text around April 13, 2018.

"In receipt of the word, I can sell 495,00 won per 1 cocoin, and use and transfer money to a foreign exchange because I have a lot of money."

However, since the defendant did not have such virtual currency, even if he receives money from the injured party, he did not have any intention or ability to pay the virtual currency.

As such, the Defendant, by deceiving the victim, received KRW 54.8 million from the victim to the single bank account under the name of the Defendant on April 13, 2018, including KRW 19.8 million, and KRW 35 million on April 14, 201, and acquired the victim’s property by remittance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the written statements and written statements;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Suspension of execution: The grounds for aggravated punishment for sentencing under Article 62 (1) of the Criminal Act: The methods and methods of deception that actively committed in relation to virtual currency investment: Confession, payment of damages, expression of intention not to punish, and absence of previous convictions exceeding imprisonment without prison labor;

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