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(영문) 대전지방법원 천안지원 2020.06.12 2020고단115
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From October 2018, when the Korea Railroad Corporation fails to take a train after the boarding ticket was issued, it started train and returned train tickets within 10 minutes by accessing the mobile app "Cirrax" to the mobile app "Cirrax", the Korea Railroad Corporation implemented the "resting service after departure" system that 15% of the settled amount of boarding tickets shall be excluded from service charges and return the remaining amount.

The defendant is a person who commutes to and from the KTX train to the OTX train.

From May 3, 2019 to September 2, 2019, the Defendant issued a mobile ticket to the train using his own mobile phone over 25 times from May 3, 2019 and was boarding the train.

After getting on a train as above, the Defendant, using the “Returning Services after Departure” system, deceiving train crew members to refund part of the amount of money settled after returning train tickets as if they were on a train but did not go on, and took property benefits equivalent to the total amount of KRW 167,100, as shown in the annexed List of Crimes, during the above period.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (specific cases as to the frequency of crimes by suspects);

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, the choice of fines (including both the initial crime, reflectivity, and recovery of damage, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) 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;

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