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(영문) 광주지방법원 순천지원 2018.04.23 2017고정630

자동차관리법위반

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a motor vehicle dealer as the representative of ‘D' in net time C.

A motor vehicle dealer shall not notify a person who inspects the performance and condition of a motor vehicle by fraud of the details of the inspection of the performance and condition of the structure, devices, etc. of the motor vehicle.

Nevertheless, on January 25, 2017, the Defendant notified the buyer of the record of the performance and condition inspection prepared in falsity with respect to E vehicles, including notification to F of the record of the performance and condition inspection prepared in F, as shown in the “Attachment” crime list, the Defendant notified the buyer of the record of the performance and condition inspection of used cars prepared in falsity from January 25, 2017 to May 18, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G;

1. Statement made by the police with H;

1. A written accusation;

1. Application of Acts and subordinate statutes to the ledger of inspection of performance and condition of each motor vehicle, and the ledger of registration of each motor vehicle;

1. Article 80 of the relevant Act concerning criminal facts, Article 80 subparagraph 7 of the Automobile Management Act and Article 58 (1) of the same Act concerning the selection of punishment, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;