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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Criminal facts
The defendant is a person who has operated a "C" in the fifth floor of Gangnam-gu Seoul Metropolitan Government, the purpose of which is the sale of a foreign currency extraction machine.
1. On July 2016, the Defendant: (a) stated in Gwangju-si, that “Around July 2016, the victim D would extract virtual currency and distribute virtual currency twice a month to the victim D through a business employee under his/her name-free circumstances.”
However, even if the defendant received funds for the purchase of extraction machines from the victim, he only intended to use them for other purposes, and did not have any intent or ability to extract and distribute virtual currency according to the agreement by purchasing extraction devices for the victim.
Nevertheless, the Defendant deceivings the victim as above, and then acquired 11 million won from the victim around July 22, 2016.
2. On July 22, 2016, the Defendant: (a) around July 2, 2016, the victim F and G saying, at the office of the Dispute Resolution Co., Ltd. in the fifth floor of Seoul Gangnam-gu Seoul building B, the Defendant said, “The value of one mining machine is 2.7,50,000 won; (b) 18 to 20 virtual currency per mining machine is extracted. When purchasing the mining machine, the Defendant would extract virtual currency and put it into the wall of virtual currency in the name of each of the 15th and 30th of each month.”
However, even if the defendant received funds for the purchase of extraction machines from the victims, he only intended to use the funds for other purposes, and did not have any intent or ability to extract and distribute virtual currency according to the agreement by purchasing extraction devices for the victims.
Nevertheless, the Defendant, as seen above, deceiving the victims, received 5 million won from the victim F, around August 17, 2016; 27.5 million won in total, around August 18, 2016; and 5.5 million won in total from the victim G to the Nong Bank account in the name of the Bank Co., Ltd. (H) in the name of the victim G on August 18, 2016.
(i) the evidence;