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(영문) 의정부지방법원 2016.11.22 2016고정2050

자동차관리법위반

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

A motor vehicle dealer shall not arrange the trade of a motor vehicle after being requested by a person other than the owner in the register of motor vehicle.

Nevertheless, C provided the so-called “motor vehicle” (any motor vehicle which is used without registration of transfer under the Motor Vehicle Management Act and whose owner on the register of motor vehicles is unable to know the actual possessor of the motor vehicle and thus is not performing various obligations such as insurance, taxes, public charges, penalties, regular inspections, etc.) to the defendant, and the defendant is willing to keep the said motor vehicle in the parking lot of the motor vehicle industry company operated by the motor vehicle company in Namyang-si, Nam-si, and to arrange the sale of the motor vehicle without the owner’

On July 24, 2015, the Defendant, together with C, received KRW 17.5 million from G selling cars and arranged the sale of the said automobiles, even though there was no delegation from Hyundai Capital Capital Company, the owner of the F Ecuasa car, to sell and sell the said automobiles.

Accordingly, the Defendant conspiredd with C to September 2, 2015, thereby mediating G to sell and purchase motor vehicles over four occasions as shown in the annexed crime list.

Summary of Evidence

1. Each police interrogation protocol of the defendant, C, or A;

1. An excursion ship operator's statement;

1. A report on investigation (a written confirmation of details of trading);

1. Application of the Acts and subordinate statutes concerning photographic pictures of motor vehicle registration certificates, 65 copies of photographic pictures of large vehicles;

1. Article 79 Subparag. 14 and Article 57(3)1 of the former Automobile Management Act (Amended by Act No. 13686, Dec. 29, 2015); Article 30 of the Criminal Act; the selection of fines for negligence;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 186 (1) of the Criminal Procedure Act to bear litigation costs;