A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. Around 21:00 on January 20, 2014, the Defendant acquired a number plate of the E-to-mail, where the victim D lost on the roads near the station located in Dongjak-gu Seoul Metropolitan Government (C).

The Defendant did not follow necessary procedures such as returning the goods acquired as above to the victim, and embezzled the goods that he/she had on his/her own mind and left the possession of the victim.

2. Around 22:00 on January 20, 2014, the Defendant illegally used air defense (hereinafter “Defendant”) attached the E-to-land number plate that he acquired, as described in paragraph 1, on the front of Dongjak-gu Seoul Metropolitan Government F, to the back part of the scoo 125 Scooter owned by the Defendant.

Accordingly, the defendant used air illegally for the purpose of exercising the right.

3. The defendant in an unlawful use air defense event is the same year from January 20, 2014

4. Until December, 12, as described in paragraph 2, the Defendant’s possession of the E-to-land number plate was driven by the vehicle located in Dongjak-gu Seoul Metropolitan Government at the residential unit of the Defendant’s dwelling in Dongjak-gu.

Accordingly, the defendant exercised the illegally used air defense.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant Article 360 (1) of the Criminal Act, the choice of punishment for the crime, Article 360 (1) of the Criminal Act (the point of embezzlement of stolen articles, the choice of imprisonment), Article 238 (1) of the Criminal Act (the point of unlawful use of air), and Article 238 (2) and (1) of the Criminal Act;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Considering the circumstances, such as the fact that the defendant reflects his mistake, the fact that the victim does not want the punishment of the defendant, and the fact that there is no history of punishment exceeding the fine);

1. Social service order under Article 62-2 of the Criminal Act;