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(영문) 서울중앙지방법원 2014.09.24 2013고단7292
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for six months.

except that 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 January 2013, the Defendant: (a) obtained one driver’s license in the name of the victim C, who was on the subway transmission hole in the vicinity of subway stations located in the New Station, Jung-gu, Seoul, Seoul, and the subway stations located in the subway stations; and (b) obtained one driver’s license in the name of the victim C who lost.

The Defendant did not take necessary procedures, such as returning the acquired property to the victim, but did so.

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

2. On March 6, 2013, the Defendant was driving a DNA low-income vehicle without obtaining a driver’s license in a section of about 2 km from the 304-411 Paris store, Jung-gu, Seoul to the 333-77 front road in Jung-gu, Seoul, Jung-gu, Seoul.

3. On March 6, 2013, the Defendant’s unlawful uttering of official document: (a) around 04:55, the owner of the vehicle was confirmed to be the designated person, while driving D's low-income car on the road in front of 333-77, Jung-gu, Seoul, Jung-gu, Seoul, and was demanded to submit a driver’s license from the slope G belonging to the F Zone of the Seoul Central Police Station.

However, the defendant presented C's first-class ordinary driver's license under the name of the director of Seoul Local Police Agency, which is a public document held by him, as if he were the defendant's driver'

Accordingly, the defendant did not use official documents.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. Police seizure records;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions of Article 360 (1) of the Criminal Act for the crime (the point of embezzlement of stolen articles), Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act, Article 230 of the Criminal Act for the crime;

1. Selection of each sentence of imprisonment;

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

1. Although the suspended execution had a number of records of being punished for the same crime as the sentencing of Article 62(1) of the Criminal Act, it reaches the pertinent unauthorized driving.

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