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(영문) 인천지방법원 부천지원 2016.12.26 2016고정1360
자동차관리법위반등
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

The Defendants are those who were working as used cars operating employees from the used cars sales complex D in the Nowon-gu, Nowon-gu, and the Seoul Special Metropolitan City.

1. Defendant A

(a) Any person who takes over an automobile registered in violation of the Automobile Management Act shall file an application for the registration of transfer of ownership with the Mayor/Do governor within fifteen days from the date of purchase;

Nevertheless, the Defendant, around May 2016, did not apply for the registration of transfer of the ownership of the said vehicle without justifiable grounds from the D parking lot located in Seocheon-gu, Seocheon-gu, Seoul to acquire the EM5 motor vehicle from Defendant B and until June 27, 2016.

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

Nevertheless, around August 16, 2016, the Defendant transferred the said automobile to F in the D Trading Complex located in Seocheon-gu, Nowon-gu, Seoul, with a gold of KRW 2 million and transferred the said automobile to F without the ownership transfer registration in its own name.

(c) No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, around 16:00 on June 27, 2016, the Defendant operated the said SM5 vehicle without purchasing mandatory insurance with respect to the section from the front day of the Da, Seocheon-gu, Seocheon-gu, Seocheon-si, Dacheon-si, to the front day of the 62-gu, Seocheon-gu, Seocheon-gu, Seocheon-si.

2. Where the person who has acquired the defendant B motor vehicle intends to transfer it again to a third party, he shall make a transfer registration of ownership in his name before transferring it;

Nevertheless, around May 2016, the Defendant transferred the EM5 vehicle to Defendant A in the D Trading Complex located in Seocheon-gu, Seocheon-si, Seoul, with a gold of KRW 2.3 million and transferred it without the ownership transfer registration in its own name.

Summary of Evidence

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