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(영문) 인천지방법원 부천지원 2016.05.10 2016고정379
자동차관리법위반
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who engages in the business of selling used cars in the original US-gu B building C in Bupyeong-gu, Seoul.

A motor vehicle dealer shall not make a false or exaggerated indication or advertisement on a motor vehicle in which he/she intends to arrange the sale or trade.

Nevertheless, the defendant has posted a copy of a vehicle photograph secured through the Internet on the medium-sized commercial site, and has expressed his intent to attract customers by advertising so-called so-called so-called "slids", the prices of which are considerably low compared to the market prices by arbitrarily describing vehicle information.

On February 2, 2015, the Defendant, at the office located in Seocheon-si, Seocheon-gu, Seoul, without permission, advertised Echip pictures secured through the Internet in order to arbitrarily raise the Echip pictures, which is a medium-to-door site D, and the above vehicle is a vehicle with a distance of 70,538km per annum 201, odometer 70,538km, and at will, at around that time, arbitrarily stated the name of the trading member as F, and falsely advertised the total amount of four vehicles, such as the content of the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each investigation report (Attachment to the register, etc. of vehicles);

1. Original Register of Automobile Registration;

1. Application of Acts and subordinate statutes of comprehensive details of vehicles;

1. Article 80-7-2 of the Automobile Management Act and Article 57 (3) of the same Act concerning facts constituting an offense, and Articles 80-7 and 57-3 of the same Act concerning the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The elements of favorable sentencing, such as the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act has no record of being punished for the same kind of crime, and reflects his or her mistake, and the vehicle with false advertisements reaches four parts, and the sentencing on matters similar to this case shall be determined by comprehensively taking account of the factors such as sentencing.

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