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(영문) 서울서부지방법원 2016.02.02 2015고단2912
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 2013, the Defendant: (a) obtained one copy of the driver’s license, owned by the victim C, who was away from the location adjacent to the waste stop near the front bus stop; (b) around 70, the Eunpyeong-gu Seoul Metropolitan Government Jin-ro 3-70; and (c) 8, the Pyeongtaek-gu Y-si Ga-si Ga-si Ga-si Ga-si

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled it on his own idea without taking necessary procedures.

2. Violation of the Traffic Act on roads.

A. On June 13, 2015, the Defendant driven a DF-type vehicle without obtaining a driver’s license in the section of about 25 km from the front of the Eunpyeong-gu Seoul Metropolitan Government, on June 13, 2015, around 14:54, to the front of the 824 Dong-dong road of Eunpyeong-gu to the front of the Gu-si city.

B. On October 28, 2015, the Defendant: (a) around 13:40 on October 28, 2015, the Defendant driven an ECoer vehicle without obtaining a driver’s license from the front road of Eunpyeong-gu Seoul Metropolitan Government, 3:70; and (b) around 15 km from the front road of Eunpyeong-gu, Seoul Metropolitan City to the front road of 824-dong in Pyeongtaek-gu, Chungcheongnam-gu, Seoul, to the front road of 39 km.

3. Illegal events of official documents;

A. On June 13, 2015, the Defendant committed the crime at the time and place specified in the foregoing 2-A (a), and at the place, the Defendant controlled DF vehicles while driving them, and was demanded to present a driver’s license from the F in the process of the Seoul Dobong Police Station affiliated with the Seoul Dobong Police Station.

Accordingly, Defendant 1 presented C’s driver’s license under the name of the Seoul Regional Police Agency, which is an official document held in possession on the grounds as stated in the above 1, as if he was the Defendant’s driver’s license, and presented it as if he was the Defendant’s driver’s license.

B. On October 28, 2015, the Defendant was required to submit a driver’s license for the following reasons: (a) the Defendant, at the time and place specified in the foregoing 2-B B; (b) while driving Ecos vehicles at the place, was subject to the police officer G of the Seoul Local Police Agency for a non-check inspection by H.

Accordingly, the defendant was in possession of the same background as the above 1.

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