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(영문) 대전지방법원 2017.05.30 2017고정387
편의시설부정이용
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

From September 17, 2012 to July 29, 2015, the Defendant: (a) drive a B-type vehicle owned by the Defendant and used the Incheon International Airport Highway located in Jung-gu Incheon, Jung-gu; and (b) would use a pay automatic device through the Tolb boat, the Defendant, despite having installed a pre-paid card or post-paid card on a device installed inside the vehicle and pay tolls; (c) however, the Defendant, while using the said road, operates over 711 times as shown in the list of crimes accompanying the payment of tolls, and operates over 5,392,392,00 won as stated in the bill of indictment of KRW 5,392,850 as stated in the traffic fee, 5,392,850, as it appears to be a clerical error in KRW 5,392,850.

use without paying the same.

Accordingly, the defendant did not pay the price by illegal means, and acquired the pecuniary benefits equivalent to the same amount by using the expressway operated by the fee automatic equipment.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the New Airport Construction Bank;

1. Application of Acts and subordinate statutes on tolls arrears;

1. Relevant Articles of the Criminal Act and Article 348-2 of the Criminal Act concerning the facts constituting a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides for a sentence as set forth in the text, taking into account the fact that a written agreement is prepared to the effect that a defendant who is an employee of the victim does not want criminal punishment against the defendant by repaying the amount equivalent to the amount of damage to the victim.

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