(영문) 대구지방법원 서부지원 2015.10.2. 선고 2015고단580 판결

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자동차관리법위반(피고인A에대하여인정된죄명자동차관리법위반방조)

Cases

2015 Highest 580 Motor Vehicle Management Act (a violation of the Motor Vehicle Management Act, which was recognized against Defendant A)

Defendant

1. B

2. A;

Prosecutor

Maximum number of cases (prosecutions), paper files (public trial)

Defense Counsel

Attorney C (the national election for the defendant A)

Imposition of Judgment

October 2, 2015

Text

Defendant B shall be punished by a fine of seven million won, and Defendant A shall be punished by a fine of five million won.

In the event that the Defendants did not pay the above fines, the Defendants shall be confined in the Labor House for a period of 100,000 won converted into one day.

To order the Defendants to pay an amount equivalent to the above fines.

Reasons

Criminal facts

1. Defendant B

At the time of release of automobile engine electronic control devices (ECU and Eleccomic air control devices) at the Daegu-gu head office, the Defendant, mainly engaged in the 'ECU road map development', such as increasing engine output through changes in data, was trying to perform automobile monitoring operations, and to install a downline in Hanam-si E to secure customers in the metropolitan area including Seoul, and to perform the monitoring operations such as automobile maintenance and ECU road map development.

A person who intends to run a motor vehicle management business shall register with the head of a Si/Gun/Gu for each workplace, as prescribed by Ordinance of the Ministry of Land, Infrastructure

Nevertheless, on June 16, 2012, the Defendant, without registering the automobile maintenance business, installed the electric and electronic equipment in the way of linking ECU data to the OBD (OBD), which is a device for collecting engine electronic control data, at the south point of the (State) Hanam-si, Hanam-si (OBD, self-check device) of the PEWnkikis in the computer and storing ECU data in the computer, and re-incting revised data to improve engine output into the EC.

In addition, from June 7, 2012 to October 4, 2014, the Defendant, as indicated in the list of crimes, performed the ECU road map development and the monitoring and maintenance of vehicles at the lower south of the above region, such as the installation of the ECU road map.

Accordingly, the defendant was engaged in the automobile maintenance business without registering with the head of the Si/Gun/Gu.

2. Defendant A

The Defendant, while serving as an inside director of F Co., Ltd. in order to assist the Defendant in maintaining the automobile without being registered with the head of Si/Gun/Gu as seen above, aided and abetted the Defendant by facilitating the commission of the crime by performing the maintenance of the automobile at the above downstream point, and performing the mechanic work.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of H and I;

1. Statement to J police officers;

1. Full certificate of the registered matters;

1. Report on internal history - Confirmation of the registered automobile maintenance business without any south point; and

1. A daily sales account book at the south point;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Defendant B: Article 79 subparag. 13 and Article 53(1) of the Automobile Management Act (Selection of Fine)

Defendant A: Article 79 subparag. 13 and Article 53(1) of the Automobile Management Act, Article 32(1) of the Criminal Act

1. Aid and mitigation;