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(영문) 서울남부지방법원 2016.02.17 2015고정2515

자동차관리법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A is a motor vehicle dealer who sells used cars as a D trading partner in Gangseo-gu Seoul Metropolitan Government C Motor Vehicle Sales Complex D in the D Trading Complex.

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 whether seizure or mortgage has been registered before concluding the transaction contract, as prescribed by Ordinance of the Ministry of Land, Infrastructure

Nevertheless, the Defendant, at around 14:30 on April 21, 2015, arranged G to sell and arrange the Doz vehicle of H from the Seo-gu Incheon, Seo-gu, Incheon to 9 million won, and failed to notify the registration of seizure and mortgage before entering into the sales contract, although the Doz vehicle of H was established on September 15, 2014 in the registration certificate of automobile.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to request investigation into violation of the Automobile Management Act (including complaint forms, registration certificates, and transfer certificates of automobiles);

1. Article 80 of the relevant Act concerning the facts constituting a crime and Articles 80 subparagraph 6 and 58 (1) of the Automobile Management Act concerning the selection of punishment;

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;