A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On July 25, 2018, the Defendant made a false statement to the effect that “The Defendant would make a large amount of profit by making an investment in virtual currency at home,” by telephone, to the victim B, at the Defendant’s residence located in Michuhol-gu Incheon, Michuhol-gu. The Defendant made a false statement to the effect that “The Defendant would make an investment of KRW 30 million,00,000,000 per month.”

However, in fact, the Defendant was running a credit business other than virtual currency business, and around July 2018, there was almost no revenue from the credit business that the Defendant operated from around July 2018 due to the increase in claims for unpaid recovery of credit business that the Defendant had been operating, and paid the investment money from his family members or the branch to other investors as principal and profit. As such, even if receiving the investment money from the victim, it was merely thought that it would be used for the credit business funds and personal living expenses that he operated rather than virtual currency business, and there was no intention or ability to pay the victim a normal profit.

The Defendant received 30 million won from the victim to the Cbank account (Account Number D) in the name of the Defendant on the same day, from November 12, 2018, and acquired 74 million won through a total of 4 times in the same manner as the list of crimes in the attached Form from November 12, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with regard to B, details of transactions between entry and withdrawal, and C bank statement;

1. Application of a copy of the registration certificate of credit business, the E card details, and demand details, one copy of the C card details, one copy of the F card and one copy of the F bank details, and one copy of the entire registered matters, to the Acts and subordinate statutes;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act ( comprehensively taking into account, the grounds for sentencing of imprisonment) concerning the crime;

1. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months; and

2. Determination of sentence: