beta
(영문) 서울중앙지방법원 2012.09.21 2012고합84

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

Defendant

B shall be punished by a fine of 5,000,000 won.

Defendant

B If the above fine is not paid, 50,000 won.

Reasons

Criminal facts

If a transferee of an automobile intends to transfer it again to a third party, he shall make the registration of transfer of ownership of automobile in his name before transferring it.

Nevertheless, from May 2008 to July 2008, Defendant B transferred the I motor vehicle that was acquired from H office from Defendant B to the J around June 2008 without making the transfer registration in the name of Defendant B.

Defendant

B, as indicated in the list of crimes in attached Form B (3), it did not make a transfer registration under the name of Defendant B between May 2008 and July 2008, but transferred to a third party from June 2008 to August 18, 2009.

As a result, Defendant B acquired an automobile and transferred it to a third party without registering the transfer in its own name.

Summary of Evidence

1. Defendant B’s statement to the effect that the vehicles indicated in the holding are leased money to K, A, etc. and transferred as security and disposed of at the level of exercising the security right

1. Investigation report (content of telephone conversations with a vehicle possessor), investigation report ( Results of case search conducted by a suspect B, and request for summary order);

1. Each register of motor vehicles (number 100, 132, 93, 95, 115, 325, 134, 85, 38, 37, 142, 143, 110 of the evidence list);

1. Article 80 subparagraph 1-2 of the Motor Vehicle Management Act (amended by Act No. 9449 of Feb. 6, 2009) and Article 12 (3) of the same Act concerning criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to concurrent crimes with the punishment stipulated for a crime of violating the Automobile Management Act due to the transfer of automobiles listed in the annexed sheet Nos. 5 of the largest crimes (3));

1. Judgment on the defendant B and his defense counsel's assertion under Articles 70 and 69 (2) of the Criminal Act for the confinement of the workhouse

1. The alleged vehicles are realizing the security right by lending money to K, A, etc. and transferring it to it as security.