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(영문) 의정부지방법원 2016.12.08 2016고정1195
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 9, 2015, the Defendant was sentenced to a suspended sentence of 10 months for a violation of the Act on the Control of Narcotics, Etc. (mariju) at the Jung-gu District Court on February 9, 2015, and the said judgment became final and conclusive on February 17, 2015.

1. A motor vehicle dealer shall not conduct the act of mediating the sale and purchase of a motor vehicle by receiving a request from a person other than the owner entered in the register for the transaction of a motor vehicle from a person who is not the owner entered in the register;

Nevertheless, on November 9, 2013, the Defendant requested the Plaintiff to arrange the sale of the said vehicle from G, not the owner F on the register of the said D Motor Vehicle (hereinafter “D Motor Vehicle”) and arranged the sale of the said vehicle to H.

2. Where a motor vehicle dealer sells a motor vehicle or assists in the sale of a motor vehicle, he/she shall notify in writing the purchaser of the relevant motor vehicle of the details of inspection of the performance and condition of the motor vehicle before entering into a trade contract, such as the inspection of the performance and condition of the relevant motor vehicle structure, devices, etc.;

Nevertheless, the Defendant, around November 9, 2013, did not issue the performance and condition inspection record to H, which checked the performance and condition of the automobile, while arranging the sale of the Esch Rexroth car to H, in writing.

Summary of Evidence

1. Each legal statement of a witness I, G, H and J;

1. Police suspect interrogation protocol regarding F;

1. A copy of the motor vehicle register (E), a copy of the motor vehicle transfer certificate (E), a used motor vehicle performance record, and a copy of the motor vehicle insurance certificate (E);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant legal provisions and the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015; hereinafter the same shall apply) regarding criminal facts.

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