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(영문) 대전지방법원 2018.05.11 2018고정20
사기
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a daily worker, and the defendant was going to work in Seoul, using a train, and going to Busan.

around 17:00 on March 16, 2017, the Defendant boarded without purchasing a legitimate boarding ticket between the Seoul KTX B's Seoul discharged train.

On the same day, 17:20 on the same day, crew C (C) who made a tour starting from the luminous station, discovered the Defendant who was seated in the second time, requested the verification of boarding tickets, but refused to pay the fare, and the train was transferred to D as it arrived at the discharge, and thus rejected the request of 20,100 won and 10,000 won of freight.

Accordingly, the Defendant, without the intention to purchase the legitimate boarding passes and had no intention to pay the fare, taken the train free of charge and deceptioned D from the discharge of the train to acquire the pecuniary benefits equivalent to KRW 20,100 of the train fare between Seoul and Daejeon Station.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D and C;

1. Application of Acts and subordinate statutes to transfer train crew;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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;

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