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(영문) 대전지방법원 천안지원 2014.05.15 2013고단1773
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 200,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

Defendant,

1. On September 2013, at the time of the 2010s, C acquired a registration license plate for a DNA motor bicycle lost on the road located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-si and embezzled it without following the procedure of returning it to the owner;

2. On September 2013, 2013, at the Oral Traca Center located in the U.S. in the U.S., the registration number plate for DNA motor vehicles acquired as above was attached to the CT 100 Oral Traca, and was operated by the said Oral Traca, and used the said registration number plate unlawfully and simultaneously for the purpose of exercising the registration license plate illegally, as follows:

3. On September 20, 2013, around 07:55, at approximately 300 meters from the 47th day of the Dobong-gu, Seoan-gu, Seocheon-gu, Seocheon-si to the front day of the comprehensive horse in the Dong-gu, Seoan-gu, Seoan-gu, Seocheon-si, the registration license plate attached thereto was used for the above 300 motorcycle, and the signs of the government offices illegally used were used;

4. On September 20, 2013, without a motorcycle driver’s license, around 07:55 on September 20, 2013, he/she driven the e-mail 100 Oral Seab in the above section of approximately 300 meters.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of Acts and subordinate statutes to the records of seizure and the list of seizure, photographing pictures, detailed and comprehensive reference reports, the register of driver's licenses, and the register of internal investigation reports (C telephone investigation);

1. Article 360 (1) of the Criminal Act for the crime at issue (the point of embezzlement, the choice of imprisonment), Article 238 (1) of the Criminal Act, Article 78 (2), Article 71 (1) of the Automobile Management Act, Article 238 (2) and Article 238 (1) of the Criminal Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act;

1. The crimes of unlawful use of air defense as stated in Articles 40 and 50 of the Criminal Act and the crimes of violation of the Automobile Management Act are judged to be more severe punishment.

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