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(영문) 부산지방법원 2016.12.22 2016고정3540

자동차관리법위반

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Any person who has taken over a motor vehicle registered in violation of the Motor Vehicle Management Act within 15 days from the date of purchase;

(a) An application for registration of transfer of automobile ownership shall be filed to Do Governor;

Nevertheless, the Defendant did not file an application for the transfer registration of ownership within 15 days from the date of acquisition of B ASEAN car registered in the name of ASEAN Korea Co., Ltd. at the Osan-si 59, Osan-si, Osan-si, 2015, in spite of the acquisition of B ASEAN car in the name of ASEAN Korea.

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

Nevertheless, on January 15, 2016, the Defendant received KRW 19 million on the road of the coffee shop located in Busan, Busan, and transferred the said vehicle to E at the same time and place as the above ABD shop, while the Defendant acquired the said ABD car registered in the name of ABD Korea, and did not make a transfer registration in its own name.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports (as a result of and attachment to mandatory insurance), investigation reports (Attachment to the register of vehicles), investigation reports (Attachment to the written notification disposition) and investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, Articles 81 subparagraph 2, 12 (1), 80 (2), and 12 (3) of the Motor Vehicle Management Act (which means the failure to file an application for registration of transfer of ownership of a motor vehicle), the selection of fines, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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