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(영문) 울산지방법원 2020.04.14 2019고단4841
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for six 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. On April 2019, the Defendant: (a) obtained the number plate for two-wheeled motor vehicles within the D Company located in Ulsan-dong, Ulsan-gu, U.S., U.S. on the first time; (b) obtained the number plate for two-wheeled motor vehicles from the victim B located therein; and (c) did not take necessary procedures, such as returning the plate 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 April 2019, the Defendant of the unlawful use of air defense, or the unlawful use of air defense events, operated the said two-wheeled vehicle with the number plate attached to the “E” sign, which is the air embling, embezzled as prescribed in paragraph (1), in front of a registered MGGAJE two-wheeled vehicle (ship displacement 124cccc) owned by the Defendant, and used the illegally used air by attaching it in front of the registered MGGGJE two-wheeled 24c. On July 26, 2019.

3. The Defendant in violation of the Guarantee of Automobile Accident Compensation Act is a holder of a non-registered MGGJE Two-Wheeled Motor Vehicle (the load 124cc).

No one shall operate any motor vehicle which is not covered by mandatory insurance on a road.

Nevertheless, at around 14:55 on July 26, 2019, the Defendant driven the two-wheeled automobile, which was not covered by mandatory insurance, on the 620 U.S. Mangsan-dong defense cycle road, the 620 U.S. Mangsan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of the certificate of the closure of use of a two-wheeled vehicle and photographs of the damaged vehicle and the damaged vehicle;

1. Relevant legal provisions concerning criminal facts, Article 360(1) of the Criminal Act (the point of embezzlement of stolen articles, the choice of imprisonment), Article 238(1) of the Criminal Act (the point of illegally using air), Article 238(2) and (1) of the Criminal Act, Article 46(2)2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (the point of operating cars which are not mandatory insurance, and the choice of imprisonment);

1. Aggravation for concurrent crimes;

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