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(영문) 대구지방법원 2016.10.07 2016고정893
편의시설부정이용등
Text

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

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

Reasons

Punishment of the crime

1. On March 31, 2015, the Defendant was exempted from the charges for the use of subways in total six times from the above date to April 9, 2015, as indicated in the list of crimes (Ⅰ), by recognizing the resident registration certificates in the name of the person who is not entitled to receive a route card in the name of the passenger who is a paid automatic equipment, in the Yangcheon-gu Seoul Metropolitan Government Office, Yangcheon-gu Office Station 2 of subways, and obtaining one route card equivalent to KRW 1,150 from the name of the person who is not entitled to receive the route card in the name of the passenger who is an automatic equipment, and receiving the exemption of the service charges for the subway by boarding the subway, as described in the list of crimes (Ⅰ).

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

2. On April 2, 2015, the Defendant violated the Punishment of Minor Offenses Act: (a) around 11:19, the Defendant used the subway over a total of five times from the aforementioned date to April 14, 2015, and did not pay the service charges of KRW 5,700 in total by using the subway in the same manner, as indicated in the list of crimes (Ⅱ), including the fact that he/she has exceeded the opening of the said subway stations or has failed to pay the fees for boarding the subway by means of going up to the subway stations located in the Yangcheon-gu, Yangcheon-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Each legal statement of witness C, D, and E;

1. Application of on-site photographs, the current status of the use of subways, digital analysis and appraisal reports, subwayless transits, and video files-related Acts and subordinate statutes;

1. Relevant Article 348-2 (Unlawful Use of Convenience Facilities) of the Criminal Act, Article 3 (1) 39 (UV) of the Punishment of Minor Offenses Act, and the selection of fines, respectively, for the crime;

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;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;

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