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(영문) 의정부지방법원 2017.12.07 2017고정2352

점유이탈물횡령등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 20, 2017, the Defendant: (a) found the number plate of a two-wheeled vehicle, which is owned by the victim B, on a secondhand shop without any trade name in C at the Namyang-si, Namyang-si; and (b) obtained the number plate of a two-wheeled vehicle.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

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

2. On May 20, 2017, the Defendant violated the Automobile Management Act: (a) attached D number plates acquired as stated in paragraph (1) to the HNDA (Mixed) 50cc two-wheeled vehicles (hereinafter referred to as “E”) owned by the Defendant; (b) operated the said two-wheeled vehicle on the road front of the 100-73 association, Hongyang-si, Namyang-si, Hongyang-si, 15:40 on May 25, 2017.

Accordingly, the defendant used a two-wheeled automobile number plate unlawfully.

3. No owner of a motor vehicle who has violated the Guarantee of Automobile Damage Compensation Insurance shall operate any motor vehicle on a road which is not covered by mandatory insurance;

Nevertheless, on May 25, 2017, the Defendant operated a two-wheeled automobile of 50cc owned by the Defendant, which was not covered by mandatory insurance at around 15:40 on May 25, 2017, on the road in front of an association of 100 to 73 in Southyang-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the police preparation and statement in B, on-site photographs, results of searching stolen vehicles, source to confirm the occurrence of the relevant accident, seizure report (voluntary submission), and internal investigation report (F relative investigation of the owner of high water);

1. Application of replys to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (the previous confirmation thereof);

1. Relevant Article 360 of the Criminal Act concerning facts constituting an offense, Article 360 of the Criminal Act (the embezzlement of deserted articles in possession), Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) (the illegal use of a registration number plate) of the Automobile Management Act, Article 46 (2) and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.