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(영문) 대구지방법원 2017.01.13 2016고정2325
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal history] On June 16, 2016, the Defendant was sentenced to imprisonment for eight months for fraud at the Daegu District Court, and the judgment became final and conclusive on September 20, 2016.

[Criminal facts] On February 2, 2016, the Defendant: (a) purchased boarding passes from the Daejeon East-gu, Daejeon-gu, Daejeon-ro to the 215 Daejeon-gu, on February 2, 2016; and (b) boarded the train of KSX 127.

However, the defendant did not have any intention or ability to pay the fare separately as well as the purchase of the tickets.

As such, the Defendant, by deceiving the non-member of the above train name, did not pay the fare of KRW 19,700 for the transportation from the discharge to the dong Daegu Station and did not pay the fare of KRW 19,700, thereby obtaining property benefits equivalent to the same amount from the Korean Railroad Corporation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Previous convictions in judgment: References to inquiries, such as criminal history, search of cases, and application of text of judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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