(영문) 서울동부지방법원 2020.11.25 2020고단3274

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(영문) 서울동부지방법원 2020.11.25 2020고단3274

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A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On August 16, 2019, the Defendant concluded that “A restaurant located on the 10th floor of the 10th floor of the pressure-making headquarters of the Gangnam-gu Seoul Metropolitan Government Department Store C would operate a bitco exchange and have an office in D. B. If B.C. invested KRW 3,000,000 to B, the Defendant would purchase bitcos and thereby create at least KRW 10,000 within six months.”

However, even if the defendant received money from the victim, he did not use it for the purchase of the bitcoin, but was planned to consume it for personal purposes, and there was no intention or ability to guarantee the principal and the profit through the bitco transaction.

On August 17, 2019, around 14:15, 2019, the Defendant, by deceiving the victim as above, received 3,000,000 won from the victim to the E-bank account (F) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution with regard to C;

1. Application of statutes on the Kakao Stockholm dialogue and deposit details in A E bank;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the defendant, who was sentenced to six months of imprisonment for the crime of quasi-indecent act by force, committed again the crime of this case within a short time after the completion of the prison term by force, and had the record of punishment for the same crime of fraud, on the other hand, the defendant restores the damage and agreed smoothly with the victim. The above sentence is not the same crime as the previous crime, but the defendant's age, character, character, environment, motive, means and consequence, relationship with the victim, circumstances after the crime, and other various conditions of sentencing specified in the oral proceedings, shall be determined by considering

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