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(영문) 서울중앙지방법원 2018.01.24 2017고단7831
점유이탈물횡령등
Text

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

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

Reasons

Punishment of the crime

1. Around June 4, 2017, the Defendant embezzled: (a) around 13:00, the Defendant: (b) reported the number plate of a two-wheeled automobile lost by the victim C in front of Dongdaemun-gu Seoul, Dongdaemun-gu Seoul; and (c) embezzled it as it is without following necessary procedures, such as returning it to the victim.

2. Around 14:00 on June 15, 2017, the Defendant violated the Automobile Management Act: (a) arbitrarily attached a two-wheeled automobile number plate purchased as set forth in paragraph (1) on the street in front of the Seoul Southernbuk-gu, Seoul, to the unregistered CARING motor bicycle.

Accordingly, the defendant used the official sign for the purpose of exercising it unlawfully, and at the same time used the two-wheeled automobile number plate unlawfully.

3. The Defendant illegally used the above two-wheeled vehicle license plate from June 15, 2017 to June 25, 2017, by operating the Defendant’s residence and the two-wheeled vehicle in Seoul Si.

Accordingly, the defendant exercised the illegally used air defense.

4. The Defendant in violation of the Guarantee of Automobile Compensation Act is an unregistered CARVING engine owner.

No person shall operate any motor vehicle on a road, which has not been covered by mandatory insurance.

The Defendant operated the foregoing unregistered CARING motor bicycle that was not covered by mandatory insurance at the time and place mentioned in paragraph (3).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Application of the photographic Acts and subordinate statutes;

1. Article 360(1) of the Criminal Act applicable to the facts constituting an offense (the embezzlement of deserted articles in possession), Article 238(1) and (2) of the Criminal Act (the occupation of an unlawful use or exercising air defense), Article 78 Subparag. 2 and Article 71(1) of the Automobile Management Act (the occupation of an unlawful use of the registration number plate) of the said Act, Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the occupation of operating a two-wheeled motor vehicle with no mandatory insurance)

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

1. The crime of embezzlement of the deserted article from selective possession; and

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