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(영문) 서울중앙지방법원 2016.08.10 2016고정562

자동차관리법위반

Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On December 2, 2013, the Defendant repaid a debt to Police Officer C on behalf of the Defendant, and the said C offered the said D as security.

The car was transferred to F in the name of E as a debt repayment.

Where a person who has acquired an automobile intends to transfer it to a third party, he shall make a registration of transfer of ownership of automobile to the competent authority in his name before transferring it.

Nevertheless, on January 2015, the Defendant did not transfer ownership under the name of the Defendant to a person who was deceased in the name of the police officer, and transferred the vehicle to F in order to secure the claim for reimbursement against C, the Defendant is keeping the vehicle in custody in order to secure the claim for reimbursement against C, and thus, it does not constitute the transfer of the vehicle, since the Defendant again borrowed money from a person who was killed in the name (the Defendant) and kept it as

The argument is asserted.

However, the Defendant continued to operate and use the instant vehicle registered in H’s name after acquiring the instant vehicle, and on December 2013, 2013, the Defendant was driving the vehicle through J (e.g., seizure of spirits more than once), and the vehicle was operated on January 1, 2015 again seven million won after the lapse of one year to transfer the said vehicle to a person under his/her name (e.g., seizure of spirits up to June 27, 2015), and the said vehicle was reported to be illegal under his/her name at the request of the owner of the said vehicle on August 27, 2014, and even if the Defendant did not recover the said vehicle after paying the money, it constitutes the transfer of the vehicle as the actual possession of a vehicle, not a debt security, or the owner of the said vehicle.

Summary of Evidence

1. Complaint (E);

1. Statement made by the police for E;

1. A protocol concerning interrogation of the police officer in relation to G (2, 3 times);

1. Application of the motor vehicle registration ledger and the motor vehicle registration certificate (F) Acts and subordinate statutes;

1. Article 80 of the relevant Act concerning criminal facts, Article 80 of the Automobile Management Act and Article 12 (3) of the same Act concerning the selective punishment, and the selection of fines;

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;