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(영문) 광주지방법원 순천지원 2018.04.23 2017고정616

자동차관리법위반

Text

Defendant shall be punished by a fine of 2.5 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 the South Yancheon City, South Da.

Where a motor vehicle dealer sells a motor vehicle or arranges the sale of a motor vehicle, he/she shall notify the purchaser of the relevant motor vehicle of the details of the performance and condition check of the structure, devices, etc. of the motor vehicle before entering into the sales contract, and shall not falsely notify the performance and condition of the structure, devices, etc. of the motor vehicle.

Nevertheless, the Defendant, on January 3, 2017, posted a false record of inspection of performance and condition prepared in a false manner to F, the purchaser of the above vehicle, as if he was inspected without undergoing an inspection of the performance and condition of the vehicle. From March 6, 2017, until March 6, 2017, the Defendant posted a record of inspection prepared in a false manner on the list of crimes in attached Form 26 times and a total of 26 occasions.

Accordingly, the Defendant notified the performance and condition of the automobile falsely.

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;