자동차관리법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. 1) As to the violation of the Automobile Management Act due to the act of arranging the sale of the instant vehicle, F, the owner on the registration ledger of the instant vehicle, delegated the right to sell the instant vehicle to I, etc., and the Defendant assisted the complainant to sell and purchase the instant vehicle at I’s request, and thus, the Defendant does not constitute a crime as to this part of the facts charged.
2) As to the violation of the Automobile Management Act due to the failure to notify the complainant of the details of the vehicle inspection, the Defendant, prior to selling the instant vehicle, notified the complainant in writing of the inspection of the performance status, etc. of the instant vehicle, and thus, the Defendant does not constitute a crime against this part
3) Nevertheless, the lower court erred by misapprehending the legal principles as to all the facts charged of this case.
B. The sentence sentenced by the lower court to the Defendant (one million won penalty) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. Determination on the violation of the Motor Vehicle Management Act due to the act of arranging the sale and purchase of motor vehicles (1) No motor vehicle dealer shall act as a broker for the sale and purchase of the motor vehicle at the request of a person who is not the owner in the registration ledger.
Nevertheless, on November 9, 2013, the Defendant received a request from G not the owner F in the register for the registration of the Esch Rex vehicle from the D Motor Vehicle Trading Company located in C at Yangju-si, and arranged for the sale of the said vehicle to H.
2) The lower court found the Defendant guilty of this part of the facts charged by compiling the evidence as indicated in its judgment.
3) A motor vehicle dealer shall act as a motor vehicle dealer at the request of a person, other than the owner on the registration ledger, to arrange the sale and purchase of the motor vehicle.