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(영문) 수원지방법원 안양지원 2016.07.08 2016고단360

자동차관리법위반

Text

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

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

1. Where a person who has acquired an automobile A intends to transfer the automobile again to a third party, he/she shall make the registration of transfer in his/her name;

Nevertheless, around May 2013, the Defendant received and operated EMW 745Li vehicles from F, and transferred the said vehicles to G (47 years) without making a transfer registration in the name of the Defendant in the vicinity of the Seocho-gu Seoul Metropolitan Government Station on August 25, 2014, around 14:00.

2. A person who takes over a motor vehicle registered by the defendant B shall apply for the registration of transfer of the ownership of a motor vehicle to the Mayor/Do Governor within fifteen days after the purchase;

Nevertheless, the Defendant, at around 14:00 on August 25, 2014, received 6,000,000 won from H (53 tax) and applied for the registration of transfer of the ownership of a motor vehicle within the said period, while he/she operated an EMW 745L motor vehicle, which is registered as a large-type motor vehicle as of October 31, 201 in the vicinity of the shift station in Seocho-gu Seoul Metropolitan Government, as of August 25, 2014.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. Application of Acts and subordinate statutes to the motor vehicle registration ledger (A), copy of motor vehicle registration certificate, and deposit confirmation document;

1. Article 80 Subparag. 2 of the Automobile Management Act and Article 12(3) of the same Act (Selection of a penalty): Defendant B: Articles 81 Subparag. 2 and 12(1) (Selection of a penalty) of the Automobile Management Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act