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(영문) 창원지방법원 거창지원 2015.10.14 2015고단173
점유이탈물횡령등
Text

1. The defendant shall be punished by imprisonment for not more than four months and a fine not exceeding 300,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On December 2014, the Defendant discovered and found a “F” number plate owned by the heir E, the victim of whom was the victim, on the roads D located in Chungcheongnam-gun, Chungcheongnam-gun, Seoul Special Metropolitan City around early December 2014.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

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

2. On December 2014, the Defendant violated the Automobile Management Act: (a) attached the F number plate that he/she used on the D road located in Chang-gun, Chang-gun, Chungcheongnam-gun, Seoul, to the 125C Maz.

Accordingly, the defendant used the mark of public office for the purpose of exercising, and used the registration number plate unlawfully.

3. The Defendant of an unlawful use air defense event: (a) operated the Obane, which attached the registration number plate embezzled from around December 2, 2014 to May 27, 2015, as referred to in paragraphs 1 and 2, at H seat located in the Gyeongnam-gun G G in Chungcheongnam-gun, Chungcheongnam-gun.

Accordingly, the defendant exercised the marks of public offices that were unlawfully used.

4. On May 27, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) and the Guarantee of Automobile Accident Compensation Act (hereinafter “Act”), and the Defendant driven a motor bicycle on May 27, 2015, without obtaining a license for a motor bicycle in about 1km section from the front day of the Round of the Round of the Round, Chungcheongnam-gu, Seoul Special Metropolitan City to the front day of the H road located in the same Eup/Myeon, and driving a motor bicycle on May 27, 2015 without obtaining a mandatory insurance policy.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Investigation report (with respect to a person registered with the F number plate);

1. The ledger of driver's licenses, disqualified meetings of the main office, accident inquiry, and resident inquiry;

1. Application of the Acts and subordinate statutes governing biopio photographs and eating habitss;

1. As to the crime, pertinent legal provisions Article 360(1) of the Criminal Act (the point of embezzlement), Article 238(1) of the Criminal Act (the point of illegal use of air) and Articles 78 Subparag. 2 and 71(1) of the Automobile Management Act.

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