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(영문) 부산지방법원 2017.4.27.선고 2016고단3685 판결

편의시설부정이용

Cases

2016 Highest 3685 Illegal Use of Convenience Facilities

Defendant

A

Prosecutor

Subscopic crimes (prosecutions), misscopics, Huntings (public trials)

Imposition of Judgment

April 27, 2017

Text

The defendant shall be punished by a fine of one million won for each crime listed in the annexed sheet (2) No. 1 through 167 of the annexed sheet of crime (2) in paragraphs (1) and (2) of the holding of the defendant, and by a fine of five hundred thousand won for each crime listed in the annexed sheet (2) No. 168 of the annexed sheet of crime (2) in paragraph (2) of the holding.

When the defendant fails to pay the above fine, the defendant shall be confined in the old house for the period calculated by converting 100,000 won into one day.

Reasons

Criminal facts

【Criminal Power】

On December 5, 2014, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Changwon District Court on April 13, 2015, and its judgment became final and conclusive on April 13, 2015. On April 22, 2015, the Defendant was sentenced to imprisonment with prison labor for two months in the same court, etc., and the judgment became final and conclusive on April 30, 2015.

【Criminal Facts】

1. Crimes against the stock company investing in the settlement of accounts for victims;

On January 11, 2014, around 09:19, the Defendant operated the Defendant’s BM3 car without installing a hybrid device in the 'water settlement tunnel' managed by the Defendant, which was located in 552 136 U.S. from the Busan Jin-gu, Busan, Busan, to pay KRW 800,000 for tolls.

From that time until September 15, 12:32 of the same year, the Defendant used the hybrid lane without paying a total of KRW 142,400 in the same manner through the same 178 times, as shown in the annexed List of Offenses (1).

Accordingly, the defendant did not pay the price by illegal means, and acquired property benefits from the victim company by using pay automatic equipment.

2. Crimes against limited liability companies in the open-sea tunnels for victims;

On January 11, 2014, at around 09:24, the Defendant passed a 800- won driver’s license by driving the Defendant’s BM3 car without installing a hybrid device in the fee-passing section, and passing the Tolart to the BM3 car lane and did not pay a toll of 800 won.

From that time until December 18, 2015, the Defendant used the hybrid lane without paying a total of KRW 134,500 in the same manner through the same 168 times, as shown in the Schedule of Crimes (2) of the attached Table, from that time until December 18, 2015.

Accordingly, the defendant did not pay the price by illegal means, and acquired property benefits from the victim company by using pay automatic equipment.

Summary of Evidence

1. Defendant's legal statement;

1. Each complaint filed by a stock company and a limited liability company in the open-sea tunnels;

1. Investigation reports (to hear statements from telephone on the part of the corporation, etc. of the victim settlement tunnel);

1. A register of victims or the register of motor vehicles;

1. Criminal records as stated in the judgment: A criminal report (related to the same kind of suspect's power), a written judgment (13) and an inquiry inquiry report (A) shall apply;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 348-2 of the Criminal Code, Selection of each fine

1. Handling concurrent crimes;

Article 37 (latter part)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act

1. Invitation of a workhouse;

The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act are as follows: (a) Defendant habitually used the lane while operating a vehicle without a hybrid device; and (b) in light of the content and frequency of the crime, the Defendant’s liability is not easy: Provided, That in the light of the content and frequency of the crime, the Defendant’s liability is not easy: (a) the amount of damage is not large; (b) the amount of damage is fully repaid; and (c) the amount of damage is fully repaid; and (d) the case is subject to judgment at the same time as the crime recorded in the criminal records as indicated in the judgment of the Defendant, equity

Judges

Judges Doo-rayia