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(영문) 인천지방법원 부천지원 2016.07.15 2016고단1199 (1)

자동차관리법위반

Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

When a motor vehicle dealer advertises a motor vehicle via the Internet, he/she shall conscientiously indicate the performance, condition inspection record, etc. of a used motor vehicle as prescribed by the Ordinance of the Ministry of Oceans and Fisheries, such as the history and seller information of the motor vehicle.

On October 2015, the Defendant posted a false used vehicle advertisement with the initial registration date on December 2014, 2014, mileage 8,234 km, and seller’s information on a used vehicle advertisement with the false content of “F”, in order to induce more visitors to visit the Internet used vehicle transaction site “D” at the office of the Defendant, around 303: (i) vehicle number E (the first registration date) on June 30, 2014; (ii) the actual mileage: 12,766 km; and (iii) the seller’s information.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Investigation report (Attachment to the ledger of vehicle registration), investigation report (any case concerning comparison between the advertising content and the ledger of vehicle registration);

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes governing E advertisement photographs;

1. Article 80 of the Act applicable to the facts constituting a crime and Article 80 of the Automobile Management Act and Article 58 (3) of the same Act (Selection of a penalty);

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;

1. Article 32 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (the existence and scope of liability for damages is unclear);