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(영문) 서울중앙지방법원 2018.04.04 2017고단7313

공기호부정사용등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 2017, the Defendant: (a) obtained a registration number plate of a two-wheeled vehicle lost by the victim D on the roads in front of Yongsan-gu Seoul, Yongsan-gu, Seoul; (b) but (c) did not take necessary procedures, such as returning it to the victim; and (d) did so.

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

2. On July 2017, the Defendant violated the Automobile Management Act and the illegal use of air, and the violation of the Automobile Management Act attached the registration number plate of the two-wheeled D-wheeled E-wheeled E-wheeled E-wheeled E-wheeled E-wheeled E-wheeled in the Defendant’s residence located in Yongsan-gu Seoul, Yongsan-gu, Seoul, to the unregistered two-wheeled automobile (

Accordingly, the defendant used the official sign for the purpose of exercising it unlawfully, and at the same time used the two-wheeled automobile registration number plate unlawfully.

3. On October 4, 2017, the Defendant, at around 19:30 on October 4, 2017, operated the two-wheeled automobile with the registration number plate attached to the two-wheeled automobile, which was illegally used as set forth in paragraph 2, at the front of Jongno-gu Seoul, Jongno-gu.

Accordingly, the defendant exercised the illegally used air defense.

4. Although the owner of a motor vehicle violating the Guarantee of Automobile Compensation Act was prohibited from operating a motor vehicle on a road which was not mandatory insurance, the Defendant operated the said unregistered two-wheeled motor vehicle, which was not covered by mandatory insurance at the time and place of paragraph (3).

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Stobane photographs;

1. Seizure records;

1. Voluntary accompanying report (the Defendant denies the intent to commit the crime of embezzlement, unlawful use of air defense, illegal use of air defense, and the crime of violating the Automobile Management Act among the facts charged in the instant case; however, the Defendant is found guilty according to the above evidence).

1. Relevant Article 360(1) of the Criminal Act concerning the crime (the embezzlement of possessory items)