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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
Even if the defendant receives money from the victim B, he did not have the intention or ability to transfer the airline mileage.
Nevertheless, the Defendant posted a notice on the sale of detea air mileage on the Internet site NAVand the Korean bulletin board in December 2016, the Defendant would transfer the mileage to the victim who visited the notice “300,000 won if it is transferred to the victim.”
“.....”
On January 2, 2017, the Defendant received the same amount from the victim by deceiving the victim via the national bank account in the name of the Defendant at around 20:22, 2017, from five times from the damaged party, such as B, etc. using the above account as indicated in the list of crimes in attached Table, such as receiving the same amount from the national bank account in the name of the Defendant.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Each petition and statement of B, D, E, F, and G;
1. Application of Acts and subordinate statutes to data submitted to victims;
1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;