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A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On July 17, 2019, the Defendant was sentenced to one year’s imprisonment with prison labor at the Changwon District Court for fraud, etc., and the judgment was finalized on October 11, 2019.
【Criminal Facts】
1. On March 2, 2018, the Defendant against the victim B stated that “The victim B would return the principal after the month when investing in the coin’s name and pay the investment proceeds to the coin” at the D household store located in Kimhae-si C, Kimhae-si, and that “The 13 million won will be paid to the ccoin B.”
However, even if the defendant received investment money from the victim, he was thought to purchase virtual currency under the name of the victim, not in the name of the victim, but in the name of the defendant. Since the defendant was willing to recover the investment money and use it for the repayment of his personal debt, there was no intention or ability to return
After all, the Defendant, as seen above, by deceiving the victim and then deceiving the victim from the victim, through an enterprise bank account in the name of the Defendant (E) around March 12, 2018, remitted KRW 13 million under the name of investment.
2. Around March 10, 2018, the Defendant against the victim F made a false statement to the victim F that “The victim F will open an account in his/her own name and make co-investment. Of the proceeds from investment, 30% out of the proceeds will be paid to him/her, and the remainder will be paid to him/her, and the principal will be returned after one month.”
However, even if the defendant received investment money from the victim, he was thought to purchase virtual currency under the name of the victim, not in the name of the victim, but in the name of the defendant. Since the defendant was willing to recover the investment money and use it for the repayment of his personal debt, there was no intention or ability to return
Ultimately, the Defendant deceivings the victim as above, and is in the name of the Defendant around March 14, 2018 from the victim.