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(영문) 창원지방법원 마산지원 2019.06.12 2018고단1179
유사수신행위의규제에관한법률위반
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of confirmation of the above judgment.

Reasons

Punishment of the crime

No one shall without permission, permission, etc. from an authority to make a payment for the full amount of investment or the amount in excess thereof in the future, nor without permission, etc., for the purpose of receiving money, etc. from many and unspecified persons.

Nevertheless, the Defendant, who is a permanent resident of the U.S. (C) from B (hereinafter “C”), sought an explanation that “D” is specialized in extracting and trading virtual currency, such as Bitcoin, and its location and place of extraction, extraction, and transactions remain in the U.S., and the server is in the U.S....., and received an explanation that “D” grants a high profit by maximizeing profits through market price gains arising from tcoin extraction and trade.” In that sense, the Defendant, at the above company’s level, intended to attract investment by soliciting investment to many unspecified persons directly or through subordinate

around January 4, 2017, the Defendant paid dividends to the Victim G by means of extracting bitcos, which are virtual currency, or trading bitcos with investment funds attracting from investors, at the office of “D,” located in Changwon-si EtelF in Changwon-si, Changwon-si, Seoul. Around January 4, 2017, the Defendant provided that “D, based on the United States, may recover the principal of the investment and obtain profits up to three times the maximum principal of the investment from investors.” On the same day, the Defendant’s investment of USD 1,000 per one code (1,300,000,000) shall be paid 30 times each day in electronic form (30,000,000) and, if introducing a subordinate investor, it may receive USD 5 months from the date of recommendation under the name of HI (D), the principal of the investment may be recovered, and the maximum amount of the principal may be received directly from or through the account number of 30,016.2.2

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