A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On March 2018, the Defendant: (a) obtained the victim’s driver’s license to drive a motor vehicle owned by the victim B, which was lost by the victim B at the Orcheon-gu, Orcheon-si.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim and embezzled the property as he had on his own mind.

2. On April 2, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor vehicle at approximately 3.8 km away from the section of approximately 3.8 km to the front road of Gangseo-gu Seoul Gangseo-gu Seoul Metropolitan Government at approximately 05:00, Seocheon-gu, 349-4.

3. The Defendant was required to present a driver’s license to the police officer affiliated with the E police box while driving the said vehicle on the front of Gangseo-gu Seoul Metropolitan Government Road.

Accordingly, the defendant did not use the official document by presenting the first class ordinary driver's license for B in the name of the Incheon Regional Police Agency, which is an official document in possession, as if the defendant was a driver's license for the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Making inquiries into the association of the main office and making inquiries into the association;

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

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article 230 of the Criminal Act concerning the facts constituting an offense, Article 230 of the choice of punishment (the point of uttering of official document), Article 360 of the Criminal Act (the point of embezzlement of deserted articles in possession), Article 152 subparagraph 1 of the Road Traffic Act, Article 152 and Article 43 of the Road Traffic Act (the point of driving without a license), and the choice of imprisonment, respectively;

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 suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the Order of Education and the Order of Community Service: The defendant has three times the ability to be punished for driving under drinking, and three times the ability to be punished for driving under drinking, and the driver's license of the person in preparation for regulating the driving under the influence of drinking, as well as the driver's license of the case.