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(영문) 광주지방법원 순천지원 2018.04.23 2017고정575

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, who is a motor vehicle dealer, as the representative in the C Motor Vehicle Sales Complex.

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, it is clear that the Defendant, on January 16, 2017, issued a false report on the performance and condition of a used motor vehicle to the purchaser F, and that the re- I, e.g., [I] No. 1] attached to the List of Crimes in the annexed Table of Crimes is a clerical error in the J “J”, and even if this portion is corrected, it is not likely to cause a substantial disadvantage to the Defendant’s exercise of the right to defense. Thus, the Defendant’s criminal facts in this part without changing the indictment are corrected as above.

From January 16, 2017 to March 6, 2017, the record of inspection of performance and condition of used cars prepared in a false manner was notified to the purchaser.

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;