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(영문) 서울중앙지방법원 2016.09.08 2016고단4950
공기호부정사용등
Text

A defendant shall be punished by imprisonment for four 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 July 2, 2016, the Defendant: (a) attached the “C”, the number plate of a two-wheeled vehicle used by the Defendant, which was a number plate of the two-wheeled vehicle used in the past, to a two-wheeled vehicle (motor vehicle No. B) with a view to exercising the trade name in a non-fluorial off in the Hongdong-dong Seoul, Seodaemun-gu, Seoul at a time of 2015, and operated it in Seoul and Guri-si, Seoul around July 2, 2016.

Accordingly, the defendant used the marks of public offices in a fraudulent way, and used the marks of public offices in a fraudulent way.

2. The Defendant violated the Automobile Management Act: (a) arbitrarily attached the registration number plate of a two-wheeled automobile to a two-wheeled automobile at the same time and place as indicated in paragraph (1) at the same time and place; and (b) unlawfully used the registration number plate.

3. The Defendant violated the Guarantee of Automobile Accident Compensation Act: (a) operated a two-wheeled automobile, which was not covered by mandatory insurance, at the same time and place as described in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. The credit bureau and the mandatory insurance association;

1. Application of documentary evidence photographic Acts and subordinate statutes

1. Article 238 (1) of the Criminal Act applicable to the facts constituting an offense; Article 78 subparagraph 2 of the Automobile Management Act; Article 71 (1) of the Automobile Management Act; Article 238 (2) and Article 238 (1) of the Criminal Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of imprisonment with prison labor for 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. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 2009Do140, Jan. 1, 2007);

1. It is so ordered as per Disposition for the reasons under Article 48(1)1 of the Criminal Act.

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