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(영문) 부산지방법원 2013.11.20 2013고정4914

사기

Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 7, 2013, the Defendant was sentenced to imprisonment with prison labor for at least six months in the Seoul Northern District Court due to night, intrusion upon residence, larceny, etc. and two years of suspension of execution for the same year.

5. The judgment became final and conclusive.

On March 7, 2013, at around 20:30, the Defendant boarded the train to the GTX No. 167 train that is managed by the injured party B, a staff member of the Korea Railroad Corporation in Yongsan-gu, Yongsan-gu, Seoul, Seoul, and was driven as if he purchased train tickets, and was driven by the Defendant up to the GTX No. 1010, 100, 1010.

However, the Defendant did not purchase legitimate tickets, and there was no intention or ability to pay fare even if he arrives at the destination due to the absence of money.

Accordingly, the defendant, by deceiving the victim, acquired property benefits equivalent to 41,600 won in the KTX normal fares.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Previous records: Criminal records, defendant's legal statement, and application of Acts and subordinate statutes governing judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;