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(영문) 인천지방법원 부천지원 2016.02.29 2016고단240
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who is working as a used car with the “C” company in Bupyeong-gu, Seoul Special Metropolitan City.

When a used vehicle dealer places an advertisement of a motor vehicle through the Internet, he/she shall keep the performance, condition inspection record, etc. of a used motor vehicle as prescribed by the Ordinance of the Ministry of Environment, such as the history and seller information of the motor vehicle.

Nevertheless, on September 1, 2015, the Defendant advertised “D” vehicles with KRW 10 million and KRW 7,90,000 and KRW 7,900 and January 2015 in order to attract an unspecified number of customers, the Defendant falsely stated the sales price in KRW 7,90,00 and KRW 7,000 in KRW 1,00,00,000, and provided the seller’s name and the number of employees to “C” companies with AH as “C” companies, respectively, with false entries and false information on automobile history and sales, such as advertising.

Summary of Evidence

1. Statement by the defendant in court;

1. The K's statement;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 80-7-2 of the Automobile Management Act and Articles 58 (3) of the same Act concerning facts constituting an offense, and Articles 80-7 and 58 of the same Act concerning the selection of fines;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The punishment shall be determined as ordered in consideration of the fact that the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act reflects his fault in depth, the primary offender, and the fact that the motor vehicle sear was shut down.

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