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(영문) 의정부지방법원 2019.05.15 2018고단5494

점유이탈물횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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. The Defendant: (a) found the victim’s B registration number plate lost on the roads near the Dobcheon-si Station; (b) embezzled it on his thought that he would acquire; and (c) embezzled it.

2. Around December 2016, the Defendant violated the Automobile Management Act and the Defendant illegally using air defense, when recovering the number plates of the Defendant’s rocketing car owned by the Defendant due to the nonperformance of administrative fines and taxes, etc. from Macheon Television Viewing the Defendant’s failure to operate the said plates, the Defendant was willing to operate the said car registration number plates by attaching the said rocketing car number plates to the said rocketing car.

On December 2, 2016, the defendant attached the B registration number plate to his own house parking lot located in Dongbcheon-si D for the purpose of exercising, and used it unlawfully and at the same time, unlawfully uses the air.

3. From December 18, 2016 to August 2018, the Defendant held an air defense for unlawful use by operating a rocketing car with B registration number plate attached from the front of the house of the said Defendant from the front of the said Defendant’s house to the Dongbcheon-si, Macheon-si, etc.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes to investigation reports (specific vehicle number);

1. Article 360 (1) of the Criminal Act applicable to the facts constituting an offense, Article 78 subparagraph 2 of the Automobile Management Act, Article 71 (1) of the Automobile Management Act, Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act, and Article 238 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of violating Automobile Management Act and the crimes of illegally using air, and the punishment prescribed for the crimes of violating the Motor Vehicle Management Act of which punishment is heavier);

1. Selection of imprisonment with prison labor for an selective possession of the penalty, embezzlement of stolen objects, or a violation of the Automobile Management Act;

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