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(영문) 인천지방법원 2017.11.24 2017고정1176

사기등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Any person who intends to conduct a motor vehicle management business in violation of the Motor Vehicle Management Act shall file for registration as prescribed by Ordinance of the Ministry of Environment;

Nevertheless, the Defendant, at the automobile maintenance company of the trade name, “E” located in Seo-gu Incheon, Seo-gu, Incheon, equipped with various necessary equipment from January 1, 2016 to January 18, 2017, carried out a motor vehicle management business without registering with the competent authority, such as the maintenance and repair of vehicles.

2. On June 17, 2016, the Defendant: (a) around June 17, 2016, at the foregoing industrial company; (b) received a request for repair from F for a car accident; (c) the Defendant: (a) prepared a written estimate as if the remainder 22 items were received together, even though only 10-14 items per annum of the annexed crime list; and (d) received a written estimate as if the remainder 22 items were received; and (b) received an amount of insurance money equivalent to the repair cost from the victim Han Commercial Co., Ltd. Co., Ltd., Ltd., Ltd., for which the comprehensive insurance on the other vehicle was purchased; and (c) received money from the victim Co., Ltd. to KRW 5,500,000 from the Defendant.

Summary of Evidence

【Violation of the Automobile Management Act】

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A motor vehicle management business registration certificate [Fraud];

1. Each legal statement of the witness J, F, K, L, and M;

1. A written request submitted by an enterprise subject to maintenance of the details of the examination of damage (repair cost, E), and each item of estimate;

1. Application of Acts and subordinate statutes to investigate damages, determine the amount of damages, photograph of damaged objects, photograph of the victim, and submit them at the victim’s side (see June 17, 2016) (see, e.g., Supreme Court Decision 2006Da4486, Jun. 17,

1. Relevant legal provisions concerning criminal facts, Articles 79 subparag. 13 and 53(1) (the occupation of unregistered motor vehicle management business), Article 347(1) of the Criminal Act, and the choice of fines, respectively, concerning 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 order of provisional payment;