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(영문) 부산지방법원 동부지원 2020.01.08 2019고단903
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall acquire any property or benefits to property using any vending machine, public telephone or other pay automatic equipment, without paying the price, by an unlawful means.

Nevertheless, on April 6, 2018, the Defendant passed through the Hadong-IC on the BFC car and did not pay an amount equivalent to KRW 7,700 (in addition, KRW 77,000) of the traffic fee from January 31, 2019 until January 31, 2019, the Defendant did not pay a total of KRW 2,236,100 (in total, KRW 17,838,000) of the traffic fee every 351 times, as shown in the list of crimes.

Accordingly, the defendant obtained property benefits by using pay automatic equipment without paying the price by illegal means.

Summary of Evidence

1. Defendant's legal statement;

1. A written request for investigation;

1. Integrated tax payment settlement (B);

1. Video conference (B);

1. Inquiry into the enemy;

1. Application of Acts and subordinate statutes concerning report on internal investigation (related to C and monetary exchange);

1. Relevant Article of the Criminal Act and Article 348-2 of the Criminal Act (Overallly, Selection of Imprisonment or Imprisonment);

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant used the lane for a long period of time without paying the price by unlawful means over a total of 351 days, the unpaid traffic fee is not paid yet, the criminal records such as fraud exceed 30 times, and the fact that the trial procedure of this case is not bona fide, the total amount of unfavorable circumstances or unpaid traffic fee is not large, and the defendant's fault is against his own mistake through confinement life as close as one month, elderly, and all other sentencing conditions such as the defendant's character, character and environment are considered.

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