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(영문) 광주지방법원 순천지원 2018.04.23 2017고정614

자동차관리법위반

Text

Defendant shall be punished by a fine of 2.5 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 “E” located in the Republic of Korea in the Republic of Korea, 1,000.

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 relevant motor vehicle of the details of the performance and condition check of the structure, devices, etc. of the motor vehicle before entering into the sales contract, and shall not falsely notify the performance and condition of the structure, devices, etc. of the motor vehicle.

Nevertheless, on January 2, 2017, the Defendant sent to the buyer a false record of inspection of performance and condition, including that he/she was notified of the record of inspection of performance and condition, which was falsely prepared, as if he/she had not undergone inspection of the performance and condition of a motor vehicle, from February 2, 2017, until February 28, 2017, a record of inspection prepared falsely 30 times in total, as shown in the list of crimes in the attached list of crimes.

Accordingly, the Defendant notified the performance and condition of the automobile falsely.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer with regard to H;

1. Statement made to I by the police;

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;