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(영문) 울산지방법원 2016.09.30 2016고단2425
자동차관리법위반
Text

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

When the defendant does not pay a fine, 10,000 won shall be converted into one day.

Reasons

Punishment of the crime

A transferee of a registered automobile shall apply for the registration of transfer of ownership of the automobile to the competent authority.

Nevertheless, the Defendant, around January 2012, transferred the FMW car owned by E before the Busan District Hospital, but did not apply for the registration of transfer of ownership of the car without justifiable grounds, and operated the car from around that time to March 9, 2016.

Summary of Evidence

1. Statement made by the police for E;

1. Application of judgment rendered by the Speaker's District Court 2012 High Court Decision, ledger of vehicle registration (A), cash borrowed certificate, motor vehicle registration certificate, power of attorney, letter of waiver of motor vehicle, letter of consent to the use of the motor vehicle, written consent to the use of the motor vehicle, and written consent to the delivery of the motor vehicle;

1. Article 81 subparagraph 2 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015); Articles 81 subparagraph 2 and 12 (1) of the same Act (amended by Act No. 13686, Dec. 29, 2015) concerning criminal facts

1. Reasons for conviction under Articles 70 and 69 (2) of the Criminal Act with respect to detention in a workhouse;

1. If the Defendant, as his defense counsel’s assertion, took over the instant vehicle F in this case as a security of credit, there may be room for not to constitute the Defendant to the “person who has taken over a registered automobile” as the subject of the registration of automobile transfer under Article 12(1) of the Automobile Management Act (see Supreme Court Decision 2013Do8503, Jun. 9, 2016; Supreme Court Decision 2013Do8503, Jun. 9, 2016), regarding the meaning of the “person who has taken over a registered automobile” as the subject of the registration of automobile transfer under Article 12(3) of the Automobile Management Act.

G It is recognized that after receiving the instant vehicle from E under the pretext of selling the instant vehicle to H on August 8, 201 and succeeding the installment of the vehicle, G arbitrarily provided the instant vehicle to the bond manager on or around September 4, 201, and borrowed KRW 18 million.

② As to the details of the delivery of the instant motor vehicle, the Defendant purchased a motor vehicle in the middle of January 2012.

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