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(영문) 인천지방법원 2019.06.27 2019고정646
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Text

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

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

Reasons

Punishment of the crime

[criminal power] On November 1, 2017, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on November 9, 2017.

【Criminal Facts】

On December 23, 2015, at around 20:54, the Defendant acquired property benefits by means of failing to install a radio device that can pay tolls of KRW 13,200 using the above pay automatic device inside the vehicle, and failing to pay KRW 13,200,00 by using the above pay automatic device, and from November 11, 2015 to March 27, 2016, the Defendant used the G G business establishment in Seo-gu Incheon, Incheon, through the H (BW528i), a fee automatic device, and did not pay KRW 160,00 in total by using the above pay automatic device. From November 20, 2015 to March 20:33, 2016, the Defendant did not pay KRW 160,000,000 in total by using the above pay device, which is an automatic device installed by the Defendant.

As a result, the Defendant used the above fee-charging automation facility, without paying the price for the use of such unlawful method, and took 378,000 won in total over 116 times.

Summary of Evidence

1. Statement by the defendant in court;

1. The details of accusation and tolls unpaid;

1. Previous convictions in judgment: Details of case search and application of each statute of the judgment;

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

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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