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(영문) 서울동부지방법원 2019.01.09 2018고정348

자동차관리법위반

Text

The defendant shall be innocent.

Reasons

1. The Defendant is a person who has acquired C Food 206CC owned by the Co., Ltd.

Any person who takes over a registered motor vehicle shall file an application for registration of transfer of motor vehicle ownership with the Mayor/Do Governor, as prescribed by Presidential Decree.

Nevertheless, on December 23, 2013, the Defendant acquired the above vehicle from employees G at the Gangnam-gu Seoul Metropolitan Government D Building EF office and did not file an application for the transfer registration without justifiable grounds.

2. Article 12(1) of the Motor Vehicle Management Act and Article 26(1)1 of the Decree on the Registration of Motor Vehicles provide that a person who takes over a registered motor vehicle shall file an application for the registration of transfer of ownership of a motor vehicle with the Mayor/Do Governor within 15 days from the date of purchase, and Article 81(2) of the former Motor Vehicle Management Act (amended by Act No. 12146, Dec. 30, 2013) provides that a person who fails to file an application for the registration of transfer of ownership without justifiable grounds, in violation of Article

The crime of violating the Automobile Management Act due to the failure to file an application for the registration of ownership transfer is established immediately and the crime is completed simultaneously with the failure of the transferee of the registered vehicle to file an application for the registration of ownership transfer within 15 days from the date of purchase of the vehicle without justifiable grounds.

(see Supreme Court Decision 2012Do15057, Jul. 25, 2013). Comprehensively taking account of the evidence duly adopted and examined by this Court, the fact that the Defendant purchased the instant vehicle at KRW 8 million on December 23, 2013 and did not file an application for ownership transfer registration within 15 days thereafter is recognized.

However, in the following circumstances acknowledged by the record, namely, where a motor vehicle dealer sells a motor vehicle, he/she applies for registration of transfer on behalf of a buyer, and when concluding a sales contract between the defendant and G on the motor vehicle in this case, G will act as an agent for the transfer