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(영문) 대전지방법원 2017.09.08 2016고정796
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

Any person who has received a registered motor vehicle shall file an application for the registration of transfer of ownership of a motor vehicle with the Mayor/Do Governor within 15 days.

Nevertheless, the Defendant did not apply for the registration of transfer of the ownership of the said motor vehicle without justifiable grounds, even though he/she acquired the E rocketing motor vehicle from F in front of the D cafeteria operated by the Defendant in the Jung-gu Daejeon Daejeon, Daejeon at KRW 5 million.

Summary of Evidence

1. Partial statement of the defendant (as at the seventh public trial date);

1. A copy of a motor vehicle registration certificate, a copy of business registration certificate, a seal imprint certificate, a certificate of automobile transfer, a power of attorney for motor vehicle transfer, a copy of power of attorney;

1. Application of Acts and subordinate statutes to reply to an order to submit each document;

1. Article 81 Subparag. 2 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015) and Article 12 Subparag. 1 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015) concerning criminal facts;

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. The Defendant lent KRW 5 million to F in winter F in 2013, and received the E rocketing car (hereinafter “instant vehicle”) as a security.

B. Since the above vehicle was in a condition that it was impossible to operate since its delivery, the defendant only parked the above vehicle in the underground parking lot, and there was no fact that it was operated.

(c)

Defendant is not a transferee of the instant vehicle, and there is justifiable reason for not filing an application for registration of transfer.

2. Determination

A. The following circumstances are acknowledged based on the aforementioned evidence.

1) Among the documents delivered by the Defendant upon receipt of the instant vehicle, the name of the vehicle is indicated as the transferor, and the transferee is not indicated.

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