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(영문) 부산지방법원 2014.07.03 2014고단2503
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for not less than eight 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 August 2013, the Defendant: (a) acquired a DNA car number plate, the victim C lost in the vicinity of the Busan Seo-gu B Village bus parking lot; and (b) obtained a d motor vehicle number plate, which is owned by the Defendant.

The Defendant, without taking necessary procedures such as returning the acquired property to the victim, embezzled the property he/she had on his/her own mind.

2. On February 27, 2012, the Defendant was held in custody in the jurisdiction of the competent office due to the delinquency in the automobile tax, etc. of the E Costaex Corres and thus, the number plate of the said car was kept in custody.

On August 2013, the Defendant: (a) attached D number plates acquired as set forth in paragraph (1) in front of the Defendant’s house located in F, Busan, and then attached them to the said Lone Star Co., Ltd.

Accordingly, the defendant used a motor vehicle registration number plate illegally for the purpose of exercising it.

3. From August 2013 to September 2013, the Defendant in an unlawful-use air defense event: (a) operated the said Lone Star car in Busan Japan; and (b) exercised the illegally used air defense by varning the said Lone Star car.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Each copy of a report on loss, comprehensive details of the vehicle, and the register of automobiles;

1. Photographs (vehicle, field, etc.);

1. Application of Acts and subordinate statutes for investigation reports (tax affairs, telephone communications, etc. in the agency of tax administration);

1. Embezzlements of stolen objects from possession of relevant legal provisions concerning facts constituting an offense: Illegal use of air under Article 360 (1) of the Criminal Act: Exercise of air defense under Article 238 (1) of the Criminal Act: Article 238 (2) and (1) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act (In addition to a fine, considering all circumstances, including the fact that there is no past record of the punishment heavier than the punishment of a fine);

1. It shall be so decided as per Disposition for the reasons under Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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