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(영문) 서울중앙지방법원 2019.02.11 2018고단6545

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 300,000 won.

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

Reasons

Punishment of the crime

1. On April 2018, the Defendant: (a) acquired a registration number plate of a “D” two-wheeled vehicle lost by the victim C in front of Jongno-gu Seoul, Jongno-gu; (b) returned it to the victim or reported it to the nearest police station, etc.; and (c) carried it on his/her own idea without following necessary procedures.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. Around 13:00 on May 5, 2018, the Defendant violated the Automobile Management Act: (a) arbitrarily attached the registration license plate of “D” two-wheeled for the purpose of operation as prescribed in paragraph (1) without registration, on the front street of Jongno-gu Seoul, Jongno-gu Seoul; and (b) BEAVVVVER 125C motorcycle license plate (F) purchased as a second class.

Accordingly, the defendant used the two-wheeled automobile registration number plate without authority for the purpose of exercising.

3. On May 5, 2018, from around 13:00 to around 11:20 of the same month from May 13, 2018 to around 14:20 of the same month, the Defendant: (a) attached the registration number plate of a two-wheeled motor vehicle, which is an air unit used unlawfully as prescribed in paragraph (2), to the above BEV 125C motor bicycle (vehicle number: F) owned by the Defendant; and (b) operated the two-wheeled motor vehicle.

Accordingly, the defendant exercised the two-wheeled automobile registration number plate without authority for the purpose of exercising the right.

4. Around 13:00 on May 5, 2018, the Defendant driven a motor bicycle owned by the Defendant, without obtaining a motorcycle driver’s license, on the front side of Jongno-gu Seoul, Jongno-gu, and without obtaining a motorcycle driver’s license.

5. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is the owner of a motor bicycle BEVI 125cc.

The Defendant operated the above motorcycle that was not covered by mandatory insurance at the time, place, and place stated in paragraph (4).

Summary of Evidence

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