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(영문) 서울서부지방법원 2016.03.24 2016고정213

자동차관리법위반

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Where a transferee of an automobile intends to transfer it to a third party, he/she shall make a registration of transfer in his/her name before transferring it.

Nevertheless, on August 2012, 2012, the Defendant acquired FM vehicle in the name of E under the pretext of the repayment of the obligation for KRW 10 million from D, which was known in the old world near the Gangnam-gu Seoul Company B, in Seoul.

On August 20, 2012, the Defendant: (a) transferred the said vehicle to G by reporting the said vehicle as a thing at the Internet store without having the registration of transfer of ownership in the name of the Defendant in the street near Songpa-gu Seoul Songpa-gu Office; and (b) selling it at KRW 8.5 million to G.

As a result, the defendant transferred the vehicle to a third party without transferring the vehicle under his name.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. The F Motor Vehicle Registration Register (A);

1. Report of internal investigation (specific circumstances A, etc. of a seller of F Errored Vehicle);

1. Copy of financial transaction statement;

1. Requests for the provision of communications data and the application of the statutes governing correspondence;

1. Article 80 of the relevant Act and Articles 80 and 12 (3) of the former Automobile Management Act (Amended by Act No. 13686, Dec. 29, 2015) on criminal facts;

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;