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(영문) 광주지방법원 순천지원 2018.07.23 2017고정617

자동차관리법위반

Text

Defendant shall be punished by a fine of 3.5 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 who is the representative of the D Motor Vehicle Sales Complex “E” in 1,00.

A motor vehicle dealer shall not notify a person who inspects the performance and condition of a motor vehicle by fraud of the details of the inspection of the performance and condition of the structure, devices, etc. of the motor vehicle.

Nevertheless, on January 13, 2017, the Defendant notified the buyer of the record of inspection of the performance and condition of FF vehicles, such as notification to G of the record of inspection of the performance and condition prepared in falsity, as in the list of crimes in attached Table 2 (guilty part) from January 13, 2017 to March 7, 2017.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

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 status of each motor vehicle, and the ledger of each motor vehicle registration;

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. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of this part of the facts charged is a motor vehicle dealer who is the representative of the D Motor Vehicle Sales Complex “E” in the net City C.

A motor vehicle dealer shall not notify a person who inspects the performance and condition of a motor vehicle by fraud of the details of the inspection of the performance and condition of the structure, devices, etc. of the motor vehicle.

Nevertheless, the Defendant notified the purchaser of the performance and condition inspection record of the used vehicle prepared in falsity for each of the motor vehicles listed in the annexed Table 1, 3, 8 through 11, 13, 14, 21, 26, 30, 35, 36, 39, 42, 43, 45 through 47, 49, 51, 53, 55, 56, 56, 58, 60 through 67, and 71 through 79.

2. According to the evidence submitted by the judgment prosecutor, each of the above.