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(영문) 인천지방법원 2019.09.20 2019고정1489

자동차관리법위반

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant and B, without registering a motor vehicle management business, solicits customers by using a medium-sized market advertisement without registering a motor vehicle management business, and sells other medium-sized vehicles, the defendant and B wanted to divide the middle-sized vehicle management commission.

No person shall run an automobile management business, etc. without making registration with the competent authority.

Nevertheless, around March 12, 2019, B posted a false article advertisement to the effect that a vehicle DM5 is sold to the Internet in the Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, and then explained the content of the advertisement to E by a mobile phone text message. On March 15, 2019, the Defendant arranged for a heavy trading, such as displaying E at the above place or FM5 car.

Accordingly, the defendant and B conspired to deal with unregistered motor vehicle transaction business.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Each police interrogation protocol on the accused and B;

1. Statement to E by the police;

1. replys to the request for cooperation in investigation (Nos. 25 through 27, 40 through 42)

1. Application of photographic Acts and subordinate statutes, such as name cards, automobiles, letters, and contracts;

1. Article 79 subparagraph 13 of the Motor Vehicle Management Act, Article 53 (1) of the same Act, and Article 30 of the Criminal Act concerning criminal facts;

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

1. The Defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, shows an attitude to recognize and reflect the instant crime when it comes to this court.

On the other hand, in order to register as a motor vehicle dealer, requirements under the Motor Vehicle Management Act shall be met, and measures for liability for damages shall be taken before commencing the business after registration, etc. In order to run the motor vehicle transaction business, strict requirements shall be met.