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(영문) 울산지방법원 2015.02.11 2014고단3697

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around December 2012, the Defendant, in possession, embezzled, without following the necessary procedures, such as acquiring the “F” number plate lost by the victim E on a set of a set of glater, within the D office, a partner company in Ulsan-gu, Ulsan-gu, B, Ulsan-gu, and return it to the victim.

2. The Defendant violated the Automobile Management Act: (a) around December 2012, at the foregoing D office; (b) around the time when I, the registered borrower of the Oratob (P No. H) who was entering the said D office, had removed the number plate that he had obtained while cancelling the registration of the Oratob (P No. H) from the registration of the Oratob (P). The Defendant attached the F number plate that he had obtained as stated in paragraph (1) to the above Oraba; and (c) from around that time to October 7:35, 2014, the Defendant operated the said Oraba, which attached the above F number plate in Ulsan-gu, Ulsan-gu, U.S. (F).

Accordingly, for the purpose of exercising, the Defendant used the number plate of two-wheeled automobile (Obaba) which is a symbol of public office, and used the marks of public offices that were unlawfully used.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of the offender, such as embezzlement of stolen objects from possession;

1. Investigation report ( telephone conversations with victims E);

1. Application of Acts and subordinate statutes on seizure records;

1. Article 360 (1) of the Criminal Act, Article 238 (1) of the same Act, Article 238 (2) and (1) of the same Act, Article 238 (2) of the same Act, subparagraph 2 of Article 78 of the Automobile Management Act, concerning facts constituting an offense;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Motor Vehicle Management Act, which is the largest punishment)

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution of sentence: Article 62(1) of the Criminal Act;