[Contribution] Tried to free ride and was withdrawn 30 times... The moment a cheating trick becomes a crime

Dong-Hoon Kang, attorney at Daeryun Law Firm

Over the past three years, the number of cases of illegal riding on the Seoul subway has reached nearly 160,000, and the amount of fines collected has reached 7.7 billion won. This is the result of the spread of a complacent perception that regards unauthorized use of other people's preferential cards as a minor deviation or misdemeanor.

However, from the perspective of legal practice, illegal riding is a property crime whose risks are overwhelmingly greater than the actual benefits. This is because it is a serious illegal act that goes beyond a simple violation of terms and conditions and carries with it a high civil liability for compensation and criminal punishment.

More than 80% of all fraudulent rides are cases of unauthorized use of discount cards belonging to family members or acquaintances. You may think that it's okay if you don't get caught on site, but the reality is different. This is because not only is the target identified by age-specific signals when passing through the ticket gate, but it is also linked to CCTV footage in real time. As a lawyer, the most difficult part to defend is computer log records. The defense that “it was obtained by mistake” loses its legal effect in the face of several months of theft history remaining in the data.

The primary price to be paid when fraudulent riding is detected is a punitive additional fare based on the Railway Business Act and Passenger Transportation Terms and Conditions. You must pay an amount equivalent to 30 times the fare for the section.

What is especially important to note is that it does not end with a one-time detection. If continuous unauthorized boarding in the past is identified through a check on boarding and disembarking history, a retroactive charge in the form of a return of unfair profits will be made for all past usage. In practice, there are frequent cases of people being forcibly executed for millions of won while trying to save a small amount of freight.

Criminal responsibility is more severe. The act of using paid facilities without fair compensation falls under Article 348-2 of the Criminal Act, ‘Illegal use of convenience facilities.’ If you actively deceive someone else by arbitrarily presenting their ID card, you may be charged with forgery of a private document, coexistence, and even fraud. It is a matter that can result in a sentence beyond a fine and even imprisonment, and it should not be overlooked that it could turn into a criminal case that leaves a criminal record rather than an administrative fine.

If you are in a legal crisis due to an unexpected discovery, you must develop a practical response strategy, not an emotional appeal. Unreasonable denial of charges in a situation where there is clear physical evidence only becomes the basis for aggravated punishment in future criminal proceedings. We accept what needs to be acknowledged, but we must consider whether the scope of the civil unjust enrichment claim is legally sound. If we can analyze whether all past records were stolen and isolate the actual violation section, we can significantly reduce the amount of fines amounting to millions of won.

At the criminal stage, we must focus on preventing conflicting charges. A strategic response is essential to minimize charges by proving that the investigation was not habitual from the beginning or by quickly completing compensation for damages. The best defense is to logically explain the situation based on objective evidence and reach an amicable agreement so that a single mistake does not lead to lifelong stains or unbearable property losses.

Reporter Jeong Ye-jin yejin0311@inews24.com

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[Contribution] 30 times the withdrawal while trying to free ride... The moment a cheating trick becomes a crime (Shortcut)