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(영문) 광주지방법원 순천지원 2018.04.23 2018고정4
자동차관리법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The Defendant is a motor vehicle dealer who is the representative of “D” in the net City C.

No motor vehicle dealer shall notify the performance and condition of the structure, devices, etc. of a motor vehicle in a false manner.

Nevertheless, on September 26, 2016, the Defendant sold the E vehicle not supported by the inspection of the performance and condition of the vehicle to F, and notified the buyer of the record of inspection of the performance and condition of the used vehicle prepared falsely as if the inspection of the performance and condition of the vehicle was conducted, and notified the buyer of the record of inspection of the performance and condition of the used vehicle for the total of 23 vehicles from around that time to March 7, 2017, as shown in the attached crime list.

As a result, the Defendant stated in the indictment that “the Defendants conspired in collusion,” but it is evident that it is a clerical error in the Defendant’s defense, and it is judged that even if the portion was corrected, there is no concern to bring about a substantial disadvantage to the Defendant’s exercise of the right of defense. Therefore, this part of the criminal facts

The performance and condition of the structure, devices, etc. of a motor vehicle were notified falsely.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G;

1. Statement made by the police with H;

1. A written accusation;

1. Application of Acts and subordinate statutes to the ledger of inspection of performance and condition of each motor vehicle, and the ledger of registration of each motor vehicle;

1. Article 80 of the relevant Act concerning criminal facts, Article 80 subparagraph 7 of the Automobile Management Act and Article 58 (1) of the same Act concerning the selection of punishment, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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