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(영문) 광주지방법원 순천지원 2018.04.23 2018고정37

자동차관리법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a motor vehicle dealer as the representative of “D” in the net City C.

Where a motor vehicle dealer sells a motor vehicle or arranges the sale of a motor vehicle, he/she shall notify the purchaser of the details of the inspection of performance and condition of the structure, devices, etc. of the motor vehicle in writing, and shall not conduct a false inspection or announcement thereof.

Nevertheless, the Defendant knew on January 2, 2017 that the F representative operating E did not actually inspect the vehicle, received the registration certificate by facsimile, and then prepared a record of inspection at low-value. On January 2, 2017, the Defendant notified the buyer of the record of inspection of the performance and condition of the G vehicle, including that he/she received a false record of inspection of the performance and condition made with respect to the vehicle from the said F and notified it to the United Nations E, as in the list of crimes in the “Attachment”, including that he/she received the false record of inspection from the said F and notified the buyer of the performance and condition thereof.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Statement made by the police with H;

1. A written accusation;

1. Application of Acts and subordinate statutes to the ledger of inspection of performance and condition of each motor vehicle, and the ledger of registration of each motor vehicle;

1. Article 80 of the relevant Act concerning criminal facts, Article 80 subparagraph 7 of the Automobile Management Act and Article 58 (1) of the same Act concerning the selection of punishment, and the selection of fines;

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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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