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(영문) 대구지방법원 서부지원 2014.07.14 2014고단725
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. A person who intends to run a motor vehicle management business violating the Motor Vehicle Management Act shall register with the head of a Si/Gun/Gu;

Nevertheless, the Defendant did not register a motor vehicle management business, from May 201 to May 26, 2014, and occupied and traded without permission from all members of the nation, including the Defendant’s residence, located in Busan Jin-gu C507, Busan, without going through lawful procedures for transferring a legitimate name, and the actual driver and the nominal owner of the registration entered the Internet D website, etc., which is a one-time brokerage website, into a multiple unit, and purchased the above site “E” and then again posted and sold the product advertisement on the above site without filing a registration of transfer under the name of the Defendant in the name of the Defendant, and then operated a motor vehicle sales business, which is a motor vehicle management business entity, by doing business for 74 times as shown in the attached list of crimes.

2. The Defendant is a person who is engaged in the sales of used cars without registration of automobile management business.

From the end of October 2012, the Defendant purchased the amount equivalent to KRW 12,00,000,000 from the J in accordance with the introduction of M, in front of the H “I” adjacent to G in Busan Dongdong-gu, Busan, the Defendant kept as security, and embezzled by J.

In such cases, the defendant, who is engaged in the sales of used cars, has a duty of care to verify whether the vehicle is stolen by examining well the personal information of K, the process of acquiring the vehicle, the motive for the sale, and the price suitable for the transaction price.

Nevertheless, the Defendant, while neglecting such care, purchased the said car in KRW 3,500,000 by negligence and acquired the stolen goods through occupational negligence.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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