A defendant shall be punished by imprisonment for not less than three years and six months.

Punishment of the crime

On October 2017, the Defendant concluded that “C” at the main point of “C” in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, was the victim’s money to the owner of a building related to the auction of special goods, thereby undermining the owner’s high interest rate. However, if an investment was made, the Defendant would guarantee the owner’s profits of the principal and 3% per month.”

However, in fact, the defendant thought that the above investment money was to be used for the investment of Bitcoin, and there was no intention or ability to return it even if the defendant received the investment money from the victim because of no particular revenue at that time.

Around January 31, 2018, the Defendant received KRW 90 million from the victim as a bank account (E) in the name of the Defendant (E) designated by the Defendant from the victim as a real estate investment deposit, from that time until July 2, 2019, and acquired a total of KRW 930 million from the victims as a real estate investment deposit amount, as shown in the attached crime list, from July 2, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Details of each account transaction, a written agreement on money transaction, a loan certificate, a statement on the contents of each Kakakao Stockholm conversation, a statement on the contents of investment, a statement on the entry and withdrawal of money, data on analysis of the entry and withdrawal of money in the Defendant’s account, records on the arrangement of investment funds and earnings, records on the recording, a summary of each account, a certificate of all matters to be registered,

1. Application of Acts and subordinate statutes to each investigation report (No. 13, 18, 23, 26, 29, 35, 42)

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (main sentence for each victim), the choice of imprisonment for a crime;

1. From among concurrent offenders, there is no range of recommending punishment according to the sentencing guidelines for the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [decision of type] [Article 3] 50 million won or more, and there is no person who is less than five billion won [special person] [the area of recommending punishment and the scope of recommending punishment] [the scope of recommending punishment], the basic area of punishment, the result of adding up two to six years of imprisonment with prison labor.