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(영문) 서울중앙지방법원 2016.06.21 2016고정277
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On August 19, 2013, the Defendant, even though he/she received from the representative E of the company, a DBD motor vehicle registered as C owned by the company from the store located in the new forest town, Gwanak-gu, Seoul Special Metropolitan City, did not file an application for the registration of transfer of the ownership of the said motor vehicle within 15 days

Summary of Evidence

1. Partial statement of the defendant;

1. Part of a protocol concerning the examination of suspect of the defendant;

1. Detailed data and reports on stolen and stolen vehicles;

2. The defendant asserts that vehicle documents, such as a motor vehicle registration certificate, and the original register of motor vehicle registration, have been provided as security and do not have been taken over.

① However, in full view of the circumstances based on evidence, including the fact that the Defendant was keeping the documents necessary for the transfer of ownership, such as a written waiver of the right to a motor vehicle and a certificate of transfer, ② the Defendant’s cancellation of the mortgage created on the motor vehicle, and the Defendant directly operated the motor vehicle for a period of two years after being insured, ③ the instant motor vehicle was crackdownd as the so-called “large-scale”, and the fact that the Defendant was registered several times due to the failure to pay fines for negligence on spirits even after the commencement of possession, the Defendant is deemed to fall under the “number

[See Decision 2015No 811 decided September 22, 2015] Application of statutes

1. Article 81 subparagraph 2 of the relevant Act and Articles 12 (1) of the Automobile Management Act concerning facts constituting an offense and Articles 81 and 12 (1) of the same Act concerning the selective punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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