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(영문) 대구지방법원 서부지원 2015.10.02 2015고단580

자동차관리법위반

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Defendant

B The defendant A shall be punished by a fine of seven million won, and the defendant A shall be punished by a fine of five million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. At the time of release of the vehicle engine electronic control device (ECU and Eleccomic Unit), Defendant B, at the Daegu-gu headquarters, mainly engaged in the crypting of the EC road map, such as raising the engine output through the alteration of data, etc., was trying to perform the crypting work, such as the crypting of automobile maintenance and ECU road map at the lower-nam city in order to secure customers in the metropolitan area including Seoul, and the crypting work, such as the crypting of automobile maintenance and ECU road map.

A person who intends to run a motor vehicle management business shall register with the head of a Si/Gun/Gu for each place of business as prescribed by Ordinance of the Ministry of Land

Nevertheless, on June 16, 2012, the Defendant, without registering the automobile maintenance business, installed the electric and electronic equipment in a way that connects EC data to “CMF”, which is an engine electronic control data extraction equipment, at the south point of the (State) Hanam-si, E, Hanam-si, and then stores the ECU data in a computer and re-enters the revised data to the ECU.

In addition, from June 7, 2012 to October 4, 2014, the Defendant, as indicated in the list of crimes, performed the ECU road map development and the monitoring and maintenance of vehicles at the lower south of the above region, such as the installation of the ECU road map.

Accordingly, the defendant was engaged in the automobile maintenance business without registering to the head of Si/Gun/Gu.

2. Defendant A, despite being aware of the fact that the above Defendants carried out a motor vehicle maintenance business without registering with the head of Si/Gun/Gu as above, was aided by having been employed as an inside director of F Co., Ltd. and by facilitating the crime by performing a motor vehicle maintenance business or the pipeing business at the above downstream point.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of H and I;

1. The police against J.