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(영문) 인천지방법원 2018.06.14 2018고단2526

자동차관리법위반

Text

Defendant

A shall be punished by a fine for negligence of KRW 6,000,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Any person who intends to conduct a motor vehicle management business, such as the motor vehicle trade business, shall register with the competent authority, as prescribed by the Ordinance of the Ministry of Land, Infrastructure and Transport.

Defendant

On March 2016, A was permitted to engage in a heavy automobile trading business in the name of D registered in the name of C from the early policeman C in the name of C, and the office was established in Seo-gu Incheon, Seo-gu, Incheon, and the employees of G and Defendant B were employed.

G around January 3, 2016, G published a false advertisement to the effect that a passenger car of JNH 3.3 is sold for KRW 4,250,000,000, K NNH 3.8,000,000, not secured by the name of “I” by accessing the Internet H site, and that a passenger car of 3.3 is sold for KRW 2.8,000,000,00,000, respectively. From around 21th of the same month to April 3, 2016, L who provided a notice for reporting the advertisement and provided a call between the two parties, and around April 3, 2016, Defendant A and Defendant B provided a notice to purchase a car of 70,000,000,000,0000,0000,0000,0000,000,000,000,000).

Accordingly, the Defendants did not make a registration in collusion with G and engaged in automobile trade.

Summary of Evidence

1. The Defendants and co-defendant C’s respective legal statements

1. A protocol concerning the examination of suspects of each prosecutor's office concerning G;

1. Statement by the police concerning L;

1. Each investigation report (No. 17,20, 32, 41, 60 No. 50) and documents attached thereto;

1. Preparation of record notes and recording notes and report on the recording;

1. Application of the Acts and subordinate statutes concerning the transfer certificate of motor vehicle, false media advertising photographs, and Q dialogues;

1. Article 79 Subparag. 13 and Article 53(1) of the Automobile Management Act, Article 30 of the Criminal Act, and the choice of fines, respectively, concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act for the attraction of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.