A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

On July 2018, the Defendant, at the C Brokerage Exchange office located underground in Gangnam-gu Seoul Metropolitan Government B building on July 1, 2018, stated that “E is expected to be listed in the virtual currency exchange as F around October 2018.” At present, the victim D said that “E is KRW 3,000 won per opening day, and if the listing is made around October 2018, it would be KRW 10,000. The principal may be guaranteed and the surplus alone may create a large amount of money by making a re-investment. Upon deposit of money, the Defendant would give E in an amount equivalent to KRW 30,000.”

8.1. Around January, 200, 30 million won was remitted to an account under one’s own name as a purchase price of virtual currency.

However, in fact, the Defendant stated the foregoing KRW 20 million out of the 30 million won as “user fee” in the written indictment for fees not in the name of the purchase price of virtual currency, but the evidence submitted by the Prosecutor alone is insufficient to recognize the said KRW 20 million as the Defendant’s share fee, and even if the facts charged are deleted, it appears that the Defendant’s exercise of the Defendant’s right to defense would not cause any substantial disadvantage. Thus, this would be corrected ex officio.

After the acquisition, it was thought that it was used for debt repayment, living expenses, etc.

Accordingly, the defendant deceivings the victim as above, and 30 million won was acquired from the victim as the purchase price of virtual currency.

In the case of fraud, if there is a delivery of property due to deception, it itself infringes on the victim's property, which is the crime of fraud, and the considerable consideration has been paid.

shall not cause any damage to the entire property of the victim.

Even if there is no influence on the establishment of a crime of fraud, and even if the price has been partially paid in a crime of fraud, the acquired amount shall not be the difference between the value of the property given from the victim and the price has been deducted, but shall be the entire property received.