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(영문) 서울중앙지방법원 2016.11.16 2015고정3216
자동차관리법위반
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of three million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A As of January 31, 2012, in Seongdong-gu Seoul Metropolitan Government, a motor vehicle management businessman who has registered the comprehensive motor vehicle maintenance business with the head of Seongdong-gu with the trade name "Co. E" in Seongdong-gu, Seoul, and Defendant B is the person who actually operated the said industrial company.

1. A motor vehicle management businessman shall not have another person carry on the business under his name;

From February 1, 2012 to July 10, 2015, the Defendant leased the name of business registration by allowing the Defendant to run the automobile maintenance business from Seongdong-gu Seoul Metropolitan Government D and the stock company E to run the automobile maintenance business registered in the name of the Defendant.

2. In collusion with Defendant B, the Defendant, in collusion with F, is responsible for overall management following the construction of a factory by bearing expenses, such as land rental deposit, and the F invests KRW 100 million as a rental deposit and takes charge of the role of a factory maintenance manager and a safety manager. From February 1, 2012 to July 10, 2015, the Defendant jointly operated the automobile maintenance business, such as automobile sales fees and seals, without registering the vehicle management business with the head of the competent Gu in the said stock company E. from February 1, 2012

Summary of Evidence

"Defendant A"

1. Examination protocol of the accused by prosecution;

1. Partial statement of the witness B;

1. A witness G or F’s legal statement;

1. Each police suspect interrogation protocol against H, I, and J;

1. Each police statement to K;

1. A contract for operating and managing an automobile maintenance factory;

1. The E-import vehicle operation and management contract “Defendant B”;

1. Examination protocol of the accused by prosecution;

1. Partial statement of the witness A;

1. A witness G or F’s legal statement;

1. Each police suspect interrogation protocol against H, I, and J;

1. Each police statement to K;

1. A contract for operating and managing an automobile maintenance factory;

1. Application of Acts and subordinate statutes on the operation and management of the importation team;

1. Defendant A who has the relevant provision of the Automobile Management Act and the relevant provision of the Act on the Punishment, etc. of Motor Vehicles: Defendant A who has the choice of a fine: Article 80 subparag. 5 and Article 57 (1) 1 of the Automobile Management Act; Article 79 subparag. 13 of the

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