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(영문) 울산지방법원 2015.11.23 2015고단2361

절도등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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. Any person who takes over a motor vehicle registered in violation of the Motor Vehicle Management Act shall file an application for registration of transfer of ownership with the competent authority, as prescribed by Presidential Decree;

Nevertheless, on June 2015, the Defendant did not file an application for registration of transfer of ownership, even though the Defendant purchased a DAM7 car in front of the Agricultural and Fishery Product Center located in the Busan Metropolitan Government, which was located in the Busan Metropolitan City, through the Internet-based sales site.

2. For reasons such as delinquency in payment of administrative fines, etc., the Defendant: (a) seized a number plate in front of a passenger car MF7 car operated by the Defendant; and (b) committed an attempt to steal and attach another vehicle’s number plate.

At around 20:00 on July 31, 2015, the Defendant discovered B B-owned cargo vehicles from the parking lot for Yangsan subway Station located in Yangsan-si, Yangsan-si, and used a steel monstner prepared in advance, removed the front number plate of the said cargo vehicle.

3. Around 03:00 on August 1, 2015, the Defendant violated the Automobile Management Act: (a) attached a stolen air No. B car number plate using a stampner to a MF7 car without the front number plate at the parking lot for Yangsan subway Station; and (b) operated the said car at the cost of Yangsan-si from around that time to August 21, 2015.

In order to exercise, the defendant used a motor vehicle registration number unlawfully, and exercised a motor vehicle registration number unlawfully used.

4. No automobile which is not covered by mandatory insurance in violation of the Guarantee of Automobile Accident Compensation Act shall be operated on a road;

Nevertheless, at around 11:20 on August 21, 2015, the Defendant operated SM7 passenger cars not covered by mandatory insurance on the five-way road northwest-west in Yangsan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Seizure records;

1. The register of automobiles and photographs;