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(영문) 서울북부지방법원 2020.01.30 2019고단330
사기
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Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On July 2017, the Defendant made a false statement to the victim D, “B is an bitco expert.” Since the bitco price in Korea was formed remarkably high, the Defendant purchased abroad and can obtain profits from the market price in Korea. If bitco is invested in KRW 100 million, the Defendant purchased bitco in the exchange E, which is the bitco in Hong Kong, and then sold it to F, which is the Korean Exchange, and then exchanged after transmitting it to F, the Defendant would make profits at least 2%.”

However, the defendant did not have any particular property or income, and even if he received money from the victim, he did not have any intention or ability to return the profits or principal.

On July 13, 2017, the Defendant enticed the victim, and transferred KRW 16,738,000 to the account under the name of the Defendant on the pretext of investment money from the victim. On the same day, the Defendant acquired KRW 83,000,000 in cash at the unsound coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and acquired KRW 99,738,000 in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of witness G;

1. Reporting on investigation (verification of suspect punishment records);

1. - Trading details (No. 2 No. Serials of Evidence), - H dialogues;

1. Status of each individual's entry into or departure from Korea and certificates of origin;

1. - Application of Acts and subordinate statutes of the Trade Details (No. 13)

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;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was that the Defendant, as an expert of bitcoin, purchased a bitco in a foreign country and sold the bitco in Korea to pay profits, thereby deceiving the victim with money in the name of investment.

The degree of damage is restored to a large part and the victim does not want to be punished, and the same crime is committed.

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