Defendant shall be punished by imprisonment for a term of one year and six months.

However, the above sentence shall be executed for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 28, 2018, the Defendant concluded that, “C” in the cosmetic of Seocho-gu Seoul Metropolitan Government 2018, “Around July 28, 2018, the Defendant would generate profits from purchasing bitcoin extraction equipment and extracting bitcoin by purchasing bitcoin, and return the principal amount after two years.”

However, in fact, the Defendant did not engage in the bitco mining business, even if he borrowed money from the victim, he was planning to use the bitco sales contract, and was responsible for the total amount of KRW 300 million to the surrounding persons without any particular property or income, and thus, there was no intention or ability to pay interest, or to pay principal to the victim according to the agreement.

Nevertheless, the Defendant was transferred from the victim the amount of KRW 193.5 million to the bank account (Account Number:F) in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. A complaint;

1. Data, including details of account transactions, data on details of transactions submitted each G, and data on the details of conversations with each H;

1. Application of Acts and subordinate statutes to a criminal investigation report, investigation report (Analysis of details of transfer of victim funds), investigation report (verification of details of transfer of victim funds), investigation report (A electronic fingerprint details), investigation report (Attachment of Personal Credit Information Inquiry Data to A);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of punishment by law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (the determination of types) shall be limited to fraud (the type 2) at least 10 million won and less than 500 million won.