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(영문) 서울남부지방법원 2014.02.04 2013고단4747
공기호부정사용등
Text

A defendant shall be punished by imprisonment for six 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 February 20, 2013, the Defendant violated the Automobile Management Act: (a) purchased BMW F650GS Orabab from C to transfer the vehicle to a third party under his/her name; and (b) sold and transferred the said Obabab to D prior to the opening of Guro-gu Seoul Metropolitan Government on September 2, 2013, without registering the transfer in his/her name, around two times prior to the opening of Guro-gu, Seoul.

2. On February 22, 2013, while the Defendant illegally using air was removed and stored from Slovakid’s office by leaving the number plate in the C ("G" as stated in the indictment is obvious that it is a clerical error) which was left in the Drhode of the roadside roadside of Gangnam-gu Seoul E apartment, Seoul, and around February 22, 2013, the Defendant attached the above number plate to BMW F650GS Orba, which was kept in the above apartment 101 underground parking lots.

Accordingly, the defendant used the marks of public offices for the purpose of exercising them.

3. On March 2013, the Defendant exercised the illegally used air defense, as described in paragraph (2), by operating the above Oba in Seoul and Gyeonggi House from around 2013 to September 2, 2013, from the Defendant’s house in Guro-gu Seoul, to the Mabane located in Kimpo-si as described in paragraph (2) in the section.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement related to D or C;

1. Records of seizure and the list of seizure;

1. Stobane photographs;

1. Application of Acts and subordinate statutes to a copy of the report on use of a two-wheeled motor vehicle, a certificate of disuse of a two-wheeled motor vehicle, a copy thereof;

1. Article 238(1), (2), and (1) of the Criminal Act for the facts constituting an offense (the illegal use of air), Article 80 Subparag. 2, and Article 12 of the Automobile Management Act.

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