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(영문) 인천지방법원 부천지원 2015.03.05 2015고정60
자동차관리법위반
Text

Defendants shall be punished by a fine of KRW 4,000,000.

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

1. A person who intends to run a motor vehicle management business violating the Motor Vehicle Management Act due to a motor vehicle management business without registration shall register with the head of a Si/Gun/Gu;

From January 2014 to March 13, 2014, the Defendants: (a) occupied and traded in the vicinity of D High Schools located in C, from January 2014 to March 13, 2014 without due process for the transfer of a legitimate name; and (b) the actual driver and the nominal owner of the registration are different vehicles, one-time “G (BDD)” or “H (ADDD)” by inserting an advertisement for the transfer of a vehicle to the F website, which is the Internet site for the sale of a “one-time car”; and (c) purchased the large vehicle four times in total as shown in the attached list of crimes, and then run the automobile sales business without registering the automobile management business.

2. Any person who has acquired an automobile in violation of the Automobile Registration Act due to an application for automobile transfer registration shall file an application for the registration of automobile ownership transfer with the Mayor/Do Governor as prescribed by Presidential Decree;

Nevertheless, the Defendants did not apply for the registration of the transfer of the ownership of a motor vehicle under their own name even though four motor vehicles have been transferred without any justifiable reason as provided in paragraph (1).

3. Where a transferee of an automobile in violation of the Automobile Management Act intends to re-transfer the automobile to a third party, he/she shall register the transfer of the automobile to the Mayor/Do Governor in his/her name before transferring the automobile;

Nevertheless, on March 3, 2014, the Defendants transferred to K 4,200,000 won, without registering the transfer of the ownership of the JM5 vehicle under their own name, which was acquired from the person who was not in the name of the owner of the vehicle before Jeju-si I 202.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against L, M, or K;

1. Application of Acts and subordinate statutes to each investigation report, records of seizure and list of seizure;

1. Criminal facts;

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