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(영문) 서울중앙지방법원 2013.03.15 2013노258

자동차관리법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal by the Defendants is unreasonable in light of the following: (a) the Defendants were either initial offenders or did not have the same criminal history; (b) confession and reflect all of the instant crimes; (c) the benefits derived from the instant crimes are not significant; (d) direct damage from odometer operation is not caused by odometer operation; and (e) the Defendants were punished with severe punishment compared to the sales of profits obtained from odometer operation is in violation of equity.

2. The statutory penalty for the instant crime is not so high as to the instant crime, and the scope of the benefits actually acquired by the Defendants due to the instant crime, contrary to the Defendants’ assertion, may not be much large.

However, the instant crime does not merely go against the public welfare of “safety and performance of automobiles” through the operation of odometer, but it is highly likely to be criticized in that it is not only to cause economic damage to a large number of unspecified consumers by engaging in the sales of the odometer, but also to be exposed to potential risks that may occur in the course of managing and operating a vehicle, the performance and safety of which are not secured.

In addition, odometer operation is an act that disturbs the order of the domestic used vehicle sales market in a long-term and causes consumers' confidence and invasion on the entire used vehicle sales market, as well as an act that may cause a decline in overseas credibility of domestic used vehicles, especially domestic used vehicles, by adding the odometer operation to the mileage operation for used vehicles exported from a recent country to a foreign country. In addition, it cannot be seen that it is an act that may cause a decline in domestic used vehicles in terms of criminal policy.

Of course, the odometer operation requires not only the Defendants, but also the suppliers of odometer operation programs, etc.