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(영문) 인천지방법원 부천지원 2016.06.28 2016고단1199
자동차관리법위반
Text

Defendants shall be punished by a fine of KRW 800,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

When a motor vehicle dealer advertises a motor vehicle via the Internet, he/she shall conscientiously indicate the performance, condition inspection record, etc. of a used motor vehicle as prescribed by the Ordinance of the Ministry of Oceans and Fisheries, such as the history and seller information of the motor vehicle.

1. From August 2015 to September 2015 of the same year, Defendant A posted the first registration date for the vehicle number HG vehicles (the first registration date (the annual registration date) (the actual mileage: 16,374km) on December 2014, 2014, in order to induce visitors to visit the “G” at the F Office located in 228 of the building E, a number HG: (i) vehicle number HG vehicles (the first registration date (the annual registration date): May 15, 2014; 16,374km): the first registration date (the annual registration date) on December 2014, 2014; (ii) the odometer 8,615km; and (iii) the seller’s information.

2. On September 1, 2015, Defendant B posted a false used car advertisement with the false name “L” in order to induce more visitors to visit the “G used cars sales site” in the J Office located in the above building No. 263, by using the name transfer registration after the transfer of the name, and the name change of the number was cancelled on March 12, 2015.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of each police suspect against the Defendants

1. Each police statement protocol against C and M;

1. Investigation report (case concerning submission of accusation materials), investigation report (Attachment to the register of motor vehicle registration), investigation report (case concerning comparison between the advertising content and the register of motor vehicle registration);

1. The H Motor Vehicle Registration Register, and the K Motor Vehicle Registration Register;

1. Application of the statutes governing H advertising photographs and K advertising photographs;

1. Relevant Articles 80 and 7-2 of the Automobile Management Act and Article 58 (3) of the said Act concerning criminal facts: Defendants of the choice of punishment;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1)1 of the Criminal Procedure Act.

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