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(영문) 창원지방법원 2016.06.16 2016고단1107
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 10, 2015, the Defendant acquired G Motor Vehicle Registration Number plates lost by the victim D in front of the FKa Center run by the Defendant located in Sungwon-si, Sungwon-si, Sungwon-si, Changwon-si, on December 10, 2015

Although the Defendant reported to and returned the acquired number plates to the administrative agencies, he/she embezzled another’s property by keeping them in the Fk Center office on his/her own idea.

2. On January 1, 2016, the Defendant, at around 13:00, lost the G number plate in front of the H TU car which was kept in custody at the K Center as stated in paragraph (1) of this Article, and operated the G number plate acquired as stated in paragraph (1) on the same vehicle. The Defendant, at around 13:00, lost the G number plate in front of the H TU car, and operated it on the same year.

3. On 17.15:40 around the Changwon-si, Sungwon-si, Sungwon-si, operated the pertinent car with the above number plate attached to the above number plate, and used it unlawfully and at the same time, denied the official mark.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A protocol of seizure and a list of seizure;

1. The comprehensive application form for each vehicle with the details of the tax and the number of vehicles electronically;

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

1. Article 306 (1) of the Criminal Act applicable to the facts constituting an offense (the point of embezzlement of deserted articles in possession), Article 238 (1) (the point of unlawful use of official marks), Article 238 (2) and Article 238 (1) (the point of exercising unlawful air defense) of the same Act, and Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act (the point of denying the use of registration number plates);

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

1. Selection of each sentence of imprisonment with prison labor (excluding the punishment of unlawful use of air defense and the punishment of intentional use of air) ;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (Consideration of the fact that the defendant is led to confession and reflects against him, and that the defendant has no record of the same kind of punishment exceeding the fine);

1. Article 333 (1) of the Criminal Procedure for Return of Victims Act;

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