A defendant shall be punished by imprisonment with prison labor 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.

Punishment of the crime

On December 2, 2019, the Defendant attached a two-wheeled automobile number plate (CBR125R) in Seoul, Gangnam-gu, Seoul, and C, to “D” another two-wheeled automobile number plate (CBR125R), and subsequently used a two-wheeled automobile number plate (D) for the purpose of unlawfully using and simultaneously exercising the two-wheeled automobile number plate by posting comments and photographs on the bulletin board of the EF website.

Summary of Evidence

1. The national inquiry of the accused into the police suspect;

1. Application of Acts and subordinate statutes governing evidence photographs;

1. Article 78 subparagraph 2 of the Article 78 of the Automobile Management Act, Article 71 (1) of the Motor Vehicle Management Act, and Article 238 (1) of the Criminal Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Determination as to the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. In relation to the crime of unlawful use of air defense in the summary of the assertion, the Defendant: (a) notified in advance that it was impossible to operate a two-wheel automobile with a two-wheel automobile number plate to attract the buyer’s interest in order to sell “Yama S250” (hereinafter “the instant two-wheel automobile”) for the purpose of artificial test; and (b) thus, there was no “purpose to exercise”.

2. According to Article 238(1) of the Criminal Act, where a motor vehicle registration number plate which is an air defense has been forged for the purpose of exercise, the crime of forging air defense is established. The term "purpose of use" refers to the purpose of use of the forged motor vehicle registration number plate as if it were genuine.

In addition, the term "purpose of using forged motor vehicle registration number plate pursuant to its usage" means where the forged motor vehicle registration number plate is attached to and operated on the motor vehicle so that it causes the general public to misunderstand the identity of the motor vehicle.

(See Supreme Court Decision 96Do3319 delivered on July 8, 1997, etc.).