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(영문) 인천지방법원 2020.01.17 2019고정2427

자동차관리법위반

Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of one million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Any person who takes over a registered automobile shall apply for the registration of transfer of ownership of the automobile to the competent authorities.

C and Defendant B published an advertisement on the Internet “D” and “E” purchasing high-class automobiles, and Defendant A offered funds necessary for purchasing high-class automobiles.

Defendant

B, Defendant A, and C, around 15:00 on November 19, 2018, intended to purchase the said car at the Osan City Bus Terminal located in the Gyeonggi-si, Gyeonggi-do, to purchase the said car at KRW 3.4 million from F, which was found to have reported on the said advertisement, with documents necessary for the registration certificate and other documents for the registration of ownership transfer, including the registration certificate. Defendant A transferred the said car from one bank account (Account Number:H) in his own name to three.4 million won from the above F’s account (Account Number: I) to the above F’s account, and did not apply for the registration of ownership transfer on December 17, 2018, and tried to sell the said car at KRW 8,800,000,000,000,000,000,000 won from the Nam-gu, Incheon Metropolitan City, U.S. So-ro, 236 Incheon Park.

As a result, Defendant B, Defendant A, and C did not apply for the registration of transfer of ownership of a motor vehicle even though they acquired a registered passenger car in collusion.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding C;

1. Statement to J police officers;

1. Voluntary submission and photographs of seized articles;

1. Application of investigation reports (related to the investigation of vehicles in the G Hyundai Slocks), investigation reports (limited to data on details of cell phone calls of suspects C) Acts and subordinate statutes;

1. Defendants of the relevant legal provisions and the choice of punishment regarding criminal facts: Articles 81 subparag. 2 and 12(1) of the Automobile Management Act, Article 30 of the Criminal Act, and selection of fines, respectively;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The Defendants on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act recognize the instant crime.