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(영문) 인천지방법원 2013.06.12 2013고단1812
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Around January 17, 2013, the Defendant embezzled a DNA motor vehicle registration license plate owned by the victim C, which was located far from the following rice hullum in Nam-gu, Nam-gu, Incheon, Seoul, without following due process, such as discovering the registration license plate, returning it to the principal.

2. On the same day as the above paragraph 1, the Defendant violated the Automobile Management Act: (a) used the registration number plate, which is the mark of a public office embezzled by the said method at the fronter of Nam-gu Incheon, Nam-gu, Incheon, for the purpose of exercising by attaching it to the fronter of the Fone Star motor vehicle; and (b) used the registration number plate unlawfully for the purpose of exercising by attaching it to the fronter.

3. From January 17, 2013 to January 19, 2013, the Defendant used the air units unlawfully used by operating the instant Lone Star motor vehicle, which unlawfully attached the registration number plate embezzled as above, at the Japanese unit in Incheon City from January 17, 2013 to January 19, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of the records of seizure, list of seizure, detection and photographing statutes;

1. Article 360(1) of the Criminal Act; Article 78 Subparag. 2 and Article 71(1) of the Automobile Management Act; Article 238(1) of the Criminal Act; Article 238(2) and Article 238(1) of the Criminal Act concerning criminal facts;

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

1. Selection of imprisonment with prison labor for an selective possession of the penalty, embezzlement of stolen objects, or a violation of the Automobile Management Act;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Suspension of Execution);

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