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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The defendant does not pay the above fine.
Reasons
Although the defendant, as part of the automobile trade business, tried to sell the instant vehicle, the court below which acquitted the defendant, has erred by misunderstanding the facts and misunderstanding of legal principles, which affected the conclusion of the judgment.
2. Determination
A. A person who intends to conduct a motor vehicle trade business as to the summary of the facts charged in the instant case shall register with the head of a Si/Gun/Gu in accordance with Ordinance of Ministry of Construction and Transportation
Nevertheless, on October 21, 2018, the Defendant, without registering with the head of a Si/Gun/Gu, posted an advertisement in which the Defendant borrowed a mobile phone in the name of B and then sold C vehicle in the name of B in the mobile app “SKkk,” a mobile app in the name of B, and used it to confirm it and to arrange for other numberless vehicles other than the above vehicle to D who visited.
B. According to the records of this case, the court below asserted that the following circumstances acknowledged as follows, i.e., (i) the Defendant had been subject to the first investigation by the investigative agency, and (ii) the Defendant had sold the vehicle in the name of the Defendant’s spouse by personal means; (iii) the instant vehicle was shown by the general public using a device capable of searching the vehicle in order to show that the Defendant’s vehicle was at a low price compared to other vehicles with the Defendant’s spouse; and (iv) it did not intend to arrange and sell the other vehicles; and (iv) the Defendant stated that the Defendant only delivered the vehicle at the time of the work in the company in the company in the company in the middle of the second half of the second half of the term “E” but did not have any sales business; and (v) the business sector of the “E” was divided into a used vehicle purchase, sale, and a brokerage of the vehicle security loan; and the Defendant was in charge of purchasing the vehicle management business and the purchase business during the period of work in E.