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(영문) 의정부지방법원 2018.07.19 2017고단54
사기
Text

A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, the point of view is a nominal fraud for the purchase cost of digging machines.

Reasons

Punishment of the crime

The Defendant was the operator of “C”, a virtual currency, B Kafin on “B-C”.

On August 8, 2014, the Defendant: (a) purchased a bit coin by telephone to the victim D on the first day of August 2014; and (b) purchased a bit coin to the overseas exchange, etc.; and (c) made a large profit from the sales face (c).

The E president has received a large number of bit coachess investment.

D In order to make an investment in Bitco Ba in which it is difficult for D to do so, making a big profit may be raised.

Done at the end, on August 4, 2014, the victim drafted a non-coin investment agency contract.

However, even if the defendant received a bit coin from the victim, he traded it and traded it to increase the number of bit Cos, and did not have the intent or ability to pay the profits to the victim. In addition, the defendant's 3D printer company's debt repayment, BM X5 vehicle purchase, etc. were thought to be used for personal purposes.

As above, the Defendant: (a) by deceiving the victim; and (b) received from the victim the payment of KRW 11.8216BC (as at the time, approximately KRW 5,910,800 of the market price) to F, the address of the Defendant Non-Coin.

In addition, from that time until February 4, 2016, the Defendant acquired approximately KRW 370,745,150,000 from the damaged person under the name of twitco, such as twitco, as shown in attached Table 2.

Summary of Evidence

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. Each legal statement of the witness D, G, H, I, and J;

1. Five copies of the latest screen of transactions of non-coin;

1. Ascertainment of the transmission of 0.01 non-coin;

1. A contract (the 112th page of investigation records), a confidentiality agreement;

1. Details of transactions of deposits and withdrawals;

1. A non-art sheet for transmission sight, and a sheet for transmission sight of trading in non-bit coaches;

1. The contents of the conversation (verification of the transmission of a bit nose) and the contents of the K inquiry;

1. Examples of the details sent to the criminal suspect at the complainant's address on the wall and the wall address on the L account;

1. Investigation report (the forwarding of the case concerned) is accompanied by the complainant and the complainant.

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