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(영문) 의정부지방법원 2015.12.22 2015고단3300

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Around 08:00 on July 31, 2015, the Defendant: (a) acquired the C vehicle number plate owned by the victim B from the roadside located in the Hanwon-gun, Gowon-gun, Gowon-gun, Gowon-gun; and (b) embezzled the C vehicle number plate owned by the victim B; and (c) did not follow the prescribed procedures, such as returning it to the victim; and (d) embezzled it.

2. Around 18:00 on the same day as described in paragraph 1, the Defendant illegally used air defense, and around that time, was subject to seizure of the E body-wide car number plate owned by the Defendant from the Macheon View-si due to delinquency in paying local tax of KRW 3 million, and was subject to seizure of the E body-wide car number plate owned by the Defendant. For the purpose of exercising the above, the Defendant illegally used the car number plate owned by B by arbitrarily attaching the car number plate owned by the Defendant’s vehicle number plate on the Defendant’s body

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Receipt for report of loss;

1. Provisions of Acts and subordinate statutes concerning the records of seizure, the list of seizure, and the application of photographs;

1. Relevant Article 360 (1) of the Criminal Act and Article 360 (1) of the Criminal Act (the point of embezzlement of stolen articles or the choice of imprisonment), and Article 238 (1) of the Criminal Act (the point of unlawful use of air defense);

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that there is no record of punishment for the same kind of crime, the fact that all of the crimes in this case are recognized and reflects his mistake, and the age, character and conduct, family environment, etc. of the defendant);