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(영문) 부산지방법원 2014.11.19 2014고정4355
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On November 4, 2014, the Defendant was sentenced to six months of imprisonment for fraud at the Daejeon District Court on November 4, 2014, and the judgment became final and conclusive on November 12, 2014.

1. [2014cc. 4355] On April 3, 2014, the Defendant obtained pecuniary profits equivalent to KRW 17,000 of the train fare by boarding the train No. 1215 operated by the Korea Railroad Corporation without any intention or ability to pay the fare even if using the train, as the Defendant was issued with normal boarding tickets, at around 19:50 on April 3, 2014.

2. [2014 high-level 4739] On March 14, 2014, the Defendant: (a) on March 14, 2014, around 19:20, on the day on which he/she had no boarding pass to purchase the boarding pass or to pay the fare; and (b) on the train at the KTX 163 train in Busan, Busan, without boarding pass, he/she obtained the pecuniary benefits equivalent to the fare of KRW 17,800 corresponding to the said section.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and C;

1. The letter of acceptance by the winners and the letter of transfer by the winners;

1. Details of crackdowns on non-standing cars of each railroad police crime management system;

1. Each report on investigation;

1. Previous records of judgment: Results of case search bound in the records of public trial, application of a copy of judgment and Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

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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