Whether a person who purchases train tickets and resells them to other passengers for profit is considered to have committed an offense of fraud will be determined based upon whether the person has done acts which have elements of fraud by defrauding others by misrepresentation. Whether the action of a person who does not intend to ride the train but purchases train tickets along with other passengers and subsequently resells them to other passengers for a higher price constitutes an offense of fraud will be determined based upon whether he or she has done acts which have elements of fraud by defrauding others by misrepresentation resulting in economic loss for the ticket office. J.Y. Interpretations Nos. 2920 and 3808 both hold that a fraudulent purchase of train tickets refers to the purchase of train tickets with an intent to engage in misrepresentation. However, the latter J.Y. Interpretation emphasizes the fraudulence committed against the passengers resulting in their monetary loss. The former J.Y. Interpretation emphasizes the fraudulence committed against the ticket office resulting in economic loss for the ticket office and undue profit obtained by the offender. Thus, these two different defrauding acts shall be respectively governed by Article 339, Paragraphs 1 and 2, of the Criminal Code. 

       Whether a person who purchases train tickets and resells them to other passengers for profit has committed an offense of fraud will be determined based upon the facts of an individual case depending upon whether the person has done acts which have elements of fraud. There are various kinds of train tickets with different types of restrictions. Whether the action of a person who does not intend to ride the train but purchases train tickets along with other passengers and subsequently resells them to other passengers for a higher price constitutes an offense of fraud will be determined based upon whether he or she has done acts which have elements of fraud by defrauding others by misrepresentation resulting in economic loss for the ticket office. If the person has not done acts which have the elements of fraud, he or she can hardly be convicted of the offense of fraud under the Criminal Code even when his or her actions are restricted or prohibited under other laws. J.Y. Interpretations Nos. 2920 and 3808 both hold that a fraudulent purchase of train tickets refers to the purchase of train tickets with an intent to engage in misrepresentation. The former J.Y. Interpretation explicitly requires the commission of a fraudulent act to constitute an offense of fraud. However, the latter J.Y. Interpretation emphasizes the fraudulence committed against the passengers resulting in their monetary loss. The former judicial interpretation emphasizes the fraudulence committed against the ticket office resulting in economic loss for the ticket office and the undue profit obtained by the offender. Thus, these two different defrauding acts shall be respectively governed by Article 339, Paragraphs 1 and 2, of the Criminal Code.  

*Translated by Li-Chih Lin, Esq., J.D.