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(영문) 대전지방법원 2016.05.31 2016고단296

자동차관리법위반

Text

Defendant

A, B, and C shall be punished by a fine of KRW 1,00,000.

The Defendants did not pay the above fines.

Reasons

Punishment of the crime

1. Where a person who has acquired an automobile A intends to transfer the automobile again to a third party, he/she shall make the registration of transfer in his/her name;

On October 17, 2014, the Defendant sold the said car to the needy in the name of the Defendant on the street in front of the Middle-gu Busan Metropolitan City on November 2014, which was purchased from D in the public parking lot near the Seo-gu Incheon Metropolitan University, Seo-gu, Seo-gu, Daejeon, without transferring it to the name of the Defendant in the name of Defendant.

2. In case where the transferee of the Defendant B’s automobile intends to transfer again to a third party, the registration of transfer shall be made in his name before transferring.

On April 8, 2015, the Defendant transferred the said vehicle, instead of five million won, to C on the street, on June 2015, 2015, without the transfer registration in the name of the Defendant, of Huland C purchased 4,500,000 won from D in the street near the G Hospital located in Daejeon-gu, Daejeon, Daejeon, without transferring the said vehicle in the name of the Defendant.

3. Where the transferee of the defendant C motor vehicle intends to transfer again to a third party, the transfer registration shall be made in his name before transferring.

On June 2015, the Defendant sold his name in the Seo-gu Seoul Special Metropolitan City Gamna Park, Seo-gu, Seo-gu, Daejeon Special Metropolitan City (Seoul Special Metropolitan City Do Do Gamna), which was transferred in lieu of five million won from B on the street in front of his house, to Defendant 5 million won on June 2015, without the transfer registration in the name of Defendant.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. A protocol concerning the examination of suspect of each police station against D;

1. The application of vehicle-related data, reports on internal accidents, registers of motor vehicles, the ledger of motor vehicle registration, and the statutes governing accusations, among D mobile phone letters, Kakao Stockholms, and photographic files;

1. Article 80 subparag. 2 and Article 12 subparag. 3 of the Automobile Management Act concerning criminal facts and the selection of fines

1. Article 37 of the Criminal Code provides that Article 39(1) of the Criminal Code shall apply to concurrent crimes (Defendant B).