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(영문) 전주지방법원 군산지원 2016.06.17 2016고정94
자동차관리법위반
Text

The defendant is not guilty. The summary of this judgment shall be announced publicly.

Reasons

1. A person who takes over an automobile registered in the facts charged shall apply for the registration of transfer of ownership to the competent authority within 15 days from the date of purchase;

Nevertheless, on October 2009, the Defendant acquired Diver vehicles from C in cash from 50,000,000 won from the C in the alleys of the Samnamdong apartment at the time of the Sinsan-si in Busan, the Defendant did not apply for the registration of transfer of ownership of a motor vehicle within 15 days without justifiable grounds.

2. Determination

A. The crime of violation of Article 81 subparag. 2 and Article 12 subparag. 1 of the Automobile Management Act shall be deemed to be an immediate crime immediately established and completed at the same time because the transferee of a registered motor vehicle fails to file an application for ownership transfer registration within 15 days from the date of purchase of the motor vehicle (see Supreme Court Decision 2012Do15057, Jul. 25, 2013). B. Article 12 subparag. 1 of the former Automobile Management Act (amended by Act No. 9449, Feb. 6, 2009); Article 26 subparag. 1 of the former Decree on the Registration of Motor Vehicles (amended by Presidential Decree No. 21789, Oct. 19, 209); however, a person who acquires a registered motor vehicle shall file an application for ownership transfer registration with the Mayor/Do Governor within 15 days from the date of purchase of the motor vehicle; however, Article 26 subparag. 26, 2008>

3. According to the conclusion, since the facts charged in this case constitute a case that does not constitute a crime, the court rendered a judgment of innocence pursuant to the former part of Article 325 of the Criminal Procedure Act, and publicly announce the summary thereof pursuant to Article 58(2) of the Criminal Act.

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