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(영문) 인천지방법원 2019.10.18 2019고정1776
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Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On October 10, 2014, the Defendant: (a) was the owner of the BM5 car and the actual operator of the said car; (b) passed the Habice terminal containing the Franchis credit card after the expiry of the term of validity on the Y5 car, using the BM5 car without permission; and (c) did not pay tolls equivalent to KRW 900 in total by the same 416 times in total, as indicated in the attached list of crimes, from around May 9, 2019.

Accordingly, the defendant obtained property benefits by passing through an expressway lane where a fee automatic equipment is installed without paying the price by improper means.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the said petition;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crimes, and Article 348-2 of the Criminal Act;

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. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is a case where the defendant arbitrarily passed the toll road over 416 times for a period of up to five years, and repeatedly acquired the benefits equivalent to the toll, and is not a crime liability in light of the circumstances and methods of the crime.

On the other hand, the defendant shows the attitude to recognize and reflect the crime of this case.

It seems that there is no record of criminal punishment exceeding the same criminal power or fine.

In addition, the defendant's age and behavior environment, the period of the crime of this case, and the scale of pecuniary benefits acquired by the defendant therefrom, the motive means of the crime of this case, the results of the crime, and the circumstances after the crime, etc., shall be comprehensively determined as follows.

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