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(영문) 수원지방법원 평택지원 2015.10.01 2015고단1188
점유이탈물횡령등
Text

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

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

Reasons

Punishment of the crime

1. On June 19, 2015, the Defendant: (a) obtained B number plates near Guro-gu Seoul Metropolitan Government (hereinafter “Seoul Guro-gu”); (b) but did not take necessary procedures, such as returning them to the victim; and (c) embezzled the property that he/she had, as he/she had, left from the possession of the victim.

2. The Defendant illegally used air defense illegally attached the B number plate, which was embezzled as stated in paragraph (1), to the back of the two-wheeled automobile for the purpose of using it for 125 cc, a two-wheeled automobile owned by the Defendant, at the time and place specified in paragraph (1).

3. The Defendant in an illegal-use air defense event indicated in the indictment on June 18, 2015 as the June 8, 2015, but it is clear that it is a clerical error.

Around 14:30, a two-wheeled vehicle, the number plate of the embezzled vehicle, as provided in paragraph 1, was installed at approximately 8km section from the front side of Guro-gu Seoul Metropolitan Government, to the front road of 5-gu, Guro-gu, Seoul, and exercised an air defense that is unlawfully used by driving a two-wheeled vehicle, the number plate of which is attached, as provided in paragraph 1.

4. Violation of the Road Traffic Act (unlicensed Driving) was driven by the Defendant without obtaining a driver's license at the time and place set forth in paragraph (3) as stated in paragraph (3).

5. Around 12:00 on June 17, 2015, the Defendant violated the Automobile Management Act changed the noise range of 125cc, a two-wheeled automobile owned by the Defendant, without obtaining approval from the head of Si/Gun/Gu, from D located in Seongdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (Investigation of the title holder of B number plate) and report on the situation of unlicensed driving;

1. Police seizure records;

1. Application of the Acts and subordinate statutes of the Orbiopia photograph

1. Relevant Article 360(1) of the Criminal Act concerning criminal facts, the choice of punishment (the embezzlement of stolen articles, the choice of imprisonment), Article 238(1) of the Criminal Act (the illegal use of air) and Article 238(2) of the Criminal Act;

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