2019 Highest954 Fraudulent

A 84. Symar

The number of days (prosecutions), term of office (public trial)

Law Firm*

Attorney Lee Dong-hoon, Counsel for the plaintiff-appellant

August 9, 2019

A defendant shall be punished by imprisonment for one year.

Facts of crime

1. Crimes against the victim B;

On October 10, 2018, the Defendant: (a) around Busan Fluxung-gu* 00 stories of ○○ building; (b) at the virtual currency brokerage exchange, the Defendant: (c) merely thought that the Defendant would use the instant virtual currency (MECN CASH) as gambling funds; and (d) did not intend to use it for investment, the Defendant’s mother, who is aware of such fact, would have the Defendant be able to make a son’s own investment. If the Defendant lent the instant mar, the Defendant would have the Defendant make a false statement that he would repay the mar at an rapid time by trading.

The Defendant, as above, by deceiving the victim, received 10,000 U.S. dollars equivalent to KRW 20,000 at the market price on the same day from the victim as the loan money.

2. Crimes against victims C;

The Defendant, on October 17, 2018, thought that the U.S. dollars received from the victim will be used as gambling capital, and even though the Defendant did not intend to use it for investment, the mother of the Defendant may call the victim and purchase the U.S. dollars to the victim so that the Defendant can buy them at the extraction site. If the Defendant borrowed U.S. dollars and cash, he/she would increase the number of ccoin by making them off until October 30, 2018.

The Defendant, by deceiving the victim as above, received 41,00 U.S. dollars 41,00,000 at the market price on October 17, 2018 from the victim as the borrowed money, and received 300,000 U.S. dollars 6,000 at the market price on October 23, 2018, respectively. On October 23, 2018, the Defendant received 35,000,000 won from the new bank account in the name of the Defendant on October 23, 2018.

3. Crimes against victims D;

The Defendant, on October 30, 2018, thought that the U.S. dollars received from the victim will be used as gambling capital, and even if the Defendant did not intend to use it for investment, the mother of the Defendant may call the victim and purchase it to the victim so that he can buy it at the extraction site. On the loan of the U.S. dollars, the Defendant made the victim make a false statement to repay the proceeds in a week by adding the proceeds of 100,000,000 won.

The Defendant, as above, by deceiving the victim, received 60,000 U.S. dollars 60,000 at the market price on the same day under the pretext of borrowing money from the victim.

Summary of Evidence

Omission

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 347(1), 34(1), and 31(1) of the Criminal Act (Selection of Imprisonment)

1. Aggravation for concurrent crimes;

The crime of this case is punishable by the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act. The defendant thought that the defendant would use the virtual currency (cambing currency) delivered from the victims as his own gambling fund, and that the defendant would purchase the virtual currency (cambing currency) and cash from the beginning, at the extraction site, or increased the size of the cambing market and did not have the intent or ability to return it to the victims, the mother of the defendant who knows such fact would be able to purchase it from the cambling market or the extraction site in a way that the defendant would be able to purchase it from the cambling market or the cambling site. In light of the situation of the crime, it is planned and inevitable that the criminal law and the form of the crime would be intelligent, and it is considerably planned that the defendant would not be able to use the cambling and cambling, and that the victim would not have reached an agreement or would be more than 3 billion won.

In addition, the defendant appears to be both aware of his criminal act and reflective attitude, and without any specific confirmation process, the defendant believed only the end of the defendant's mother that he well manages virtual currency as a game expert, and appears to be responsible for the expansion of damage caused by this case to the victims who delivered cash, and the mother of the defendant seems to have paid some of the money to the victim B through the defendant's mother, the defendant's age, character and behavior, environment, family relationship, motive and consequence of the crime, etc., and all other circumstances constituting the conditions for sentencing as shown in the arguments, such as the records and arguments, shall be determined as ordered.

Judges Park Sung-ho