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(영문) 창원지방법원 2019.08.14 2019고단1436
공기호부정사용등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 17, 2016, the Defendant: (a) concluded a transportation business consignment management contract with C Co., Ltd. located in Yangsan-si B on the D treatment25 tons of freight truck (number E); (b) however, the Defendant did not pay management expenses, etc. to the said company; (c) around September 19, 2018, the Defendant acquired the transfer of ownership registration procedure based on the termination of the above consignment management contract (Ulsan District Court Decision 2018Da8759) that “A procedure for the registration of transfer of ownership based on the termination of the above consignment management contract is taken over from the said company on December 7, 2018; and (d) accordingly, the ownership of the said freight was transferred from the said company on December 7, 2018; and (c) accordingly, no authority to use the said D, a registration license plate, had been cancelled.

Nevertheless, on March 5, 2019, the defendant continued to use the above registration number plate for cargo cars, and attached the above registration number plate to the above cargo cars without authority.

Accordingly, the defendant used the marks of public offices for the purpose of exercising them.

2. On March 5, 2019, the Defendant: (a) around 11:15, the G Elementary School located in the Kimhae-si F, and (b) on the front of the G Elementary School; and (c) on the front of the G Elementary School located in the Kimhae-si, the Defendant, without authority, required the Defendant to operate the said cargo vehicle on which the Defendant attached the said D registration number plate as described in paragraph (1)

Accordingly, the defendant exercised the illegally used air defense, and at the same time denied the registration number plate.

Summary of Evidence

1. Defendant's legal statement;

1. A copy, written judgment, or register of automobiles;

1. Application of the Acts and subordinate statutes governing the violation of speed limits of freight;

1. Article 238 (1) (Unlawful Use of Air Code), Article 238 (2) and (1) (Unlawful Use of Air Code) of the Criminal Act concerning facts constituting an offense, and Articles 78 subparagraph 2 and 71 (1) (Unlawful Use of Automobile Registration Certificate) of the Automobile Management Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of alternative imprisonment with prison labor (the crime of violating the Automobile Management Act);

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