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(영문) 인천지방법원 부천지원 2020.02.19 2019고단4060

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for six months.

except that 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. On June 19, 2019, the Defendant: (a) acquired the C Motor Vehicle Number Board owned by the Victim B in front of the Non-Party 30 Park Jong-ro, Macheon-ro, 19:00, which was around 19:00.

The defendant did not follow necessary procedures such as returning the goods acquired as above to the victim, but did so to have the idea to attach the goods to his own car.

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

2. From June 2019 to June 21, 2019, the Defendant illegally used air defense, at the parking lot located in Ma-ro 30, Ma-ro, Ma-ro, Ma-ro, Ma-ro, attached C Motor Vehicle Number plates that he acquired as above paragraph (1) to the front driver for the purpose of exercising the operation of his own D-man car.

Accordingly, the defendant used a car number plate which is air straw.

3. The owner of an automobile in violation of the Guarantee of Automobile Accident Compensation Act shall not operate an automobile on the road which is not covered by mandatory insurance;

On October 25, 2019, the Defendant: (a) around 15:30 on the road from ASEAN-si to Macheon-si; (b) around 92 km, the Defendant, who was not a mandatory insurance policy, had the Defendant operate the D Body Man-Ma car without knowing the fact.

Accordingly, the defendant operated a motor vehicle which was not covered by mandatory insurance.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of motor vehicle mandatory insurance inquiries and the Acts and subordinate statutes of the next time inquiry;

1. Relevant Article 360 (1) of the Criminal Act for the crime (the point of embezzlement, the choice of imprisonment), Article 238 (1) of the Criminal Act (the point of illegally using air) and Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act and the main sentence of Article 8 (the point of operating automobiles which are not mandatory insurance, and the choice of imprisonment);

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

1. On the grounds of sentencing under Article 62(1) of the Criminal Act, the age, character and conduct, and environment of the defendant are as follows.