beta
(영문) 서울남부지방법원 2017.10.27 2017고정1016

자동차관리법위반

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 30, 2016, the Defendant was sentenced to a suspended sentence of three years on December 8, 2016, for the following reasons: (a) on November 30, 2016, the Defendant was sentenced to a suspended sentence of three years; and (b) on December 8, 2016, the judgment became final and conclusive.

1. Where a person who has acquired a motor vehicle from a defendant and C intends to transfer it again to a third party, he/she shall transfer the ownership of a motor vehicle in his/her name before transferring it;

At the office of "E" operated by the defendant in Yangcheon-gu Seoul Metropolitan Government and in which C is working, the defendant and C conspired to use C's account for the purpose of collecting the transfer price without transferring the ownership of a motor vehicle in the name of the defendant and C after taking over the used motor vehicle, and to transfer the motor vehicle to a third party.

After the Defendant and C acquired the FG car at a closed place in 2015, the Defendant and C transferred the FG car to G in front of the office of “E” operated by the Defendant and working for the Defendant in Yangcheon-gu Seoul Metropolitan Government around December 2, 2015. In the event that the FG car was transferred to G by being registered in the name of the Seoul Metropolitan Government Heavy Industries and distributed to the so-called “TG car”, the Defendant and C did not transfer the ownership of the said car in the name of the Defendant and C before the transfer, and received approximately KRW 3.3 million of the transfer price from the said G to the account of C and transferred the said car to the said G.

As a result, in collusion with C, the Defendant transferred the above automobile to a third party without registering the transfer in his name before transferring it to a third party.

2. The sole crime of the defendant;

(a) Where a person who has acquired an automobile in violation of the Automobile Management Act relating to XG automobiles intends to transfer the automobile again to a third party, he/she shall make a registration of transfer of the ownership of an automobile in his/her name before transferring it;

After the Defendant acquired H's franchise at a place in the border in 2013 and then operated by the Defendant in Yangcheon-gu Seoul around November 2013.