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(영문) 대전지방법원 천안지원 2018.07.09 2017고정693
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the accused does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

[Confirmation of the judgment falling under the latter part of Article 37 of the Criminal Code] The indictment does not contain a part in the indictment, but it can be sufficiently known as data that are favorable to the defendant in this case. Thus, the latter part of Article 37 of the Criminal Code recognizes concurrent crimes without changing the indictment.

On September 28, 2016, the Defendant was sentenced to three years of imprisonment for fraud, special assault, assault, and larceny at the Daejeon District Court on September 28, 2016, and the judgment became final and conclusive on May 3, 2017.

[Criminal facts] Any person who takes over a registered automobile shall apply to the Mayor/Do governor for the registration of ownership transfer.

On August 6, 2015, the Defendant did not file an application for the registration of transfer of ownership of a motor vehicle without justifiable grounds within 15 days from the date of purchase, which was purchased from C in the front of the AK department store in Guro-gu Seoul Metropolitan Government for KRW 34.5 million.

Summary of Evidence

[Criminal facts]

1. Partial statement of the defendant;

1. Statement protocol (E);

1. Reporting on collection of intelligence by a counter-party trader;

1. Report on internal investigation (verification of a driver carrying a large vehicle -D);

1. The Eth Bank Account;

1. A copy of a motor vehicle registration certificate as D again;

1. Details of DKB Capital leasing, D Automobile Insurance Policy;

1. An automobile lease agreement (D) (a final and conclusive judgment constituting concurrent crimes after Article 37 of the Criminal Act);

1. Written inquiry about criminal history, etc.;

1. Court rulings and case search (the defendant and his defense counsel asserts as follows) bound in the court records.

Although there was an intention to register the transfer of a motor vehicle as stated in the facts charged, it was impossible to register the motor vehicle in the name of the juristic person because the seller C did not contact, and the motor vehicle recorded in the facts charged was registered.

However, the automobiles stated in the facts charged are the prices of 120,390,000 won or more based on the new base in 2015 (in the investigation record 280-282), and the Defendant purchased these automobiles in 34,50,000 won or more.

Criminal facts

It is considered that the automobiles are used as heavy automobiles.

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