A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 23, 2019, the Defendant made a false statement to the victim B using Kakakao Kakaoox to the victim B, “On the other hand, the Defendant would be able to fully guarantee the principal of the investment even if the Defendant incurred any loss by making an investment. In the last case, the Defendant would explain the type of investment. The principal will be returned until July 31, 2021, and the profits would be distributed to 5:5 if the profits were incurred.”

However, in fact, the Defendant was planned to invest in Bitcoin by using the investment money given from the victim. At the time, the Defendant had no special profits and there was a debt worth approximately KRW 40 million, and there was no way to guarantee the principal if the Defendant did not make profits as Bitcoin.

The Defendant received a total of KRW 163,300,000 from the victim to the Cbank deposit account (D) in the name of the Defendant on the same day, and received KRW 5,500,000 in cash from around that time to March 25, 2020, as shown in the attached list of crimes, the Defendant received a total of KRW 163,30,000 from around 21 times as shown in the attached list of crimes.

Accordingly, the defendant was delivered property by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The application of Acts and subordinate statutes to police statements made in relation to E, F, B, H, and I, K, L, and B to each of the remittance closure photographs, each of the closure closure photographs of K, K, L, and B, C Bank Account Account Statement (Evidence No. 216 pages), M Bank Account Transaction Statement (Evidence No. 270 pages), contract (Evidence No. 318 pages), investigation report (Evidence No. 318 pages of C Bank Account Transaction Report in Suspect’s name), investigation report (victim B telephone communications), investigation report (Personal Credit Information Inquiry Results of Suspect’s Personal Information Inquiry);

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;