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(영문) 대구지방법원 안동지원 2018.01.16 2017고정26
자동차관리법위반
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Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

[2017 high time 26] Where a transferee of a motor vehicle intends to re-transfer a motor vehicle to a third party, he/she shall make a registration of transfer in his/her name before transferring it.

Nevertheless, on June 2016, the Defendant: (a) obtained Franchising from the name of Kudong Construction (State) in the front side of “D” located in D, which was permanently located in D, and (b) obtained registration of transfer in his/her own name from the front side of “H hospital” located in G at permanent residence on July 5, 2016 without justifiable grounds; (c) received KRW 700,000 from I and J and transferred the said franchise.

[2017 Highly 72] The Defendant is not a vehicle recycling business operator.

Nevertheless, on September 2016, the Defendant paid 200,000 won of the scrapping cost to K upon receiving a request from K for scrapping of the LMW car purchased from the non-standing passenger from K to the non-standing passenger, and sold the car for business purpose.

Summary of Evidence

[2017 High 26]

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect to J or I;

1. Each investigation report (with respect to A presumed to be a large-scale business operator, some of the details of call calls A by the suspect are extracted and attached) (2017 high-level 72);

1. Partial statement of the defendant;

1. The legal statement of K Witness;

1. A protocol concerning the interrogation of the suspect against the defendant (the defendant kept the above car by K, but was for returning it to the borrower and was not for business purposes.

The argument is asserted.

However, upon receipt of an investigation from the police, the Defendant paid KRW 200,000 of the cost of scrapping at the request of K, and recognized the fact that the Defendant acquired the said vehicle, which is consistent with the witness K’s legal statement, so it is sufficient to find the Defendant guilty of the facts charged in the instant case.

Application of Statutes

1. Relevant legal provisions and Articles 80 subparagraph 2, 12 (3) (a point of transfer of name), 79 and 14-2, and 57-2 of the Automobile Management Act concerning criminal facts and the selective punishment.

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