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(영문) 의정부지방법원 2016.03.31 2015고단4494
자동차관리법위반등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 24, 2014, the Defendant borrowed KRW 8,000,00 from the F referred to as “C Apartment 205, 205, 205 to the agent of D and E” in order to enable the Defendant to escape from the GMW car owned by D for three months.

After three months, interest shall be paid to 11,000,000 won by adding interest to principal, and if it is not paid, it shall be transferred in the name of the car.

In hearing the word "", KRW 8,00,000 on the same day was sent to the above F, and the vehicle custody and power of attorney was made, and in accordance with the terms and conditions of the contract, the above BMW car was kept and operated as security.

1. On June 26, 2015, the Defendant violated the Automobile Management Act by illegally using air defense and the vehicle registration number plate, which is air defense, by attaching a license plate of the said BM passenger vehicle to the Defendant to the pande the air, for the purpose of exercising the traffic control and theft report at the vehicle notification of the LM passenger vehicle in the Suwon-si, Suwon-si, Suwon-si, Seoul Special Metropolitan City, for the purpose of avoiding traffic control and theft report. At the same time, the Defendant violated the Automobile Management Act at the same time, and at the same time, violated the Automobile Management Act.

2. The Defendant, as indicated in the foregoing paragraph 1, displayed a number plate unlawfully used as indicated in the foregoing paragraph 1, and exercised the defense of the air that was unlawfully used by the Defendant by operating the 200 km from around 19:30 on the same day from the date and time, place, and place indicated in the foregoing paragraph 1 to the speed of 19:30 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Automobile registration certificate;

1. BMW vehicle photographs at the time of crackdown;

1. Comprehensive details of vehicle taxes (H);

1. Application of Acts and subordinate statutes on the comprehensive list of vehicles;

1. Subparagraph 2 of Article 78 of the relevant Act on the Management of Motor Vehicles (amended by Act No. 13486, Dec. 29, 2015) concerning criminal facts; Article 238 subparag. 2 (Unlawful Use of Motor Vehicle Number plates); Article 238(1) of the Criminal Act (Unlawful Use of Official Marks) and Article 238(2) and Article 238(1) of the Criminal Act (Unlawful Use of Air Code) concerning criminal facts;

1. The Commercial Concurrent Crimes Act.

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