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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around December 2019, the Defendant: (a) obtained a license plate of a two-wheeled motor vehicle, which is attached to the victim B, located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul; and (b) returned it to the victim; and (c) did not take necessary procedures, such as returning it to the victim.

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

2. At around 08:00 on June 22, 2020, the Defendant of the unlawful use of air defense and the unlawful use air defense event: (a) attached the “D” number plate to a two-wheeled automobile, which was acquired as described in paragraph (1), on the front side of the Seodaemun-gu Seoul Western apartment; and (b) operated the said two-wheeled automobile.

Accordingly, the defendant used the number plate of two-wheeled automobile for the purpose of exercising the right, and exercised the illegally used air.

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

Nevertheless, the Defendant was driving a two-wheeled automobile that was not covered by mandatory insurance at the time and place specified in paragraph (2).

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statutory statement, protocol of seizure, certificate of disuse of two-wheeled vehicle, application form for data processing of multiple-use vehicles, and investigation report (to listen to B telephone statement which is the nominal owner);

1. Relevant Articles 360(1) of the Criminal Act for criminal facts (the embezzlement of stolen possession), 238(1) of the Criminal Act (the illegal use of air), Article 238(2) and Article 238(1) of the Criminal Act (the use of illegally used air), Articles 46(2)2 and 8 of the Guarantee of Automobile Accident Compensation Act (the operation of vehicles which are not mandatory insurance) of the same Act), Articles 40 and 50 of the same Act (the use of cars which are not mandatory insurance and the violation of the Guarantee of Automobile Accident Compensation Act) of the same Act for the selective possession of a punishment for the crime of embezzlement of stolen goods.