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(영문) 광주지방법원 2018.07.13 2017고정1319

자동차관리법위반

Text

Defendant

A A A shall be punished by a fine of KRW 1,000,000, and a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. A person who takes over an automobile registered by the defendant A shall apply for the registration of transfer of ownership of the automobile to the Mayor/Do governor within fifteen days after the purchase;

Nevertheless, the Defendant determined that the facts charged around November, 2016 through December 2, 2016 are within the scope recognized as identical to the facts charged and that there is no risk of causing disadvantages to the Defendants’ exercise of their right of defense. Thus, the Defendant recognized the charges ex officio.

The transfer registration of ownership was not applied until February 8, 2017, after acquiring E-Na-a-car from B to 1.5 million won at the coffee shop in front of the D church in Gwangju Northern-gu.

2. In case where the transferee of the Defendant B’s automobile intends to transfer again to a third party, he shall make a registration of transfer of ownership in his name to the Mayor/Do governor;

The Defendant is as above from November 201 to December 2016.

At the coffee shop in front of the D church in Gwangju Northern-gu, the car purchased from F to A in cash of 2 million won, and did not make a transfer registration in its own name before transferring the car to A.

Summary of Evidence

1. Statement made by the witness H in the second public trial record;

1. Legal statement of the witness F;

1. A protocol concerning the suspect examination of the police against the defendant A (part);

1. A written statement of the defendant A (part) and the written statement of the defendant B

1. Application of relevant Acts and subordinate statutes (a copy of a bankbook and a certificate for entire registered matters);

1. Defendant A of the relevant Act concerning the facts constituting the crime: Article 81 subparagraph 2 of the Automobile Management Act and Article 12 (1) Item B of the same Act: Article 80 subparagraph 2 of the Automobile Management Act, and Article 12 (3) and (1) of the same Act;

1. Defendants who choose to impose punishment: Each selective fine

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: The Defendants were the representative director of the company G with limited liability in which Defendant B carries on siren business, on the issues of Article 334(1) of the Criminal Procedure Act

around September 2016, Defendant A.