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(영문) 창원지방법원 마산지원 2013.11.19 2012고정1000
자동차관리법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant of "2012, 100" is a person who engages in scrapping place business under the trade name of C.

Where a certificate of automobile-scrapping is issued and the registration of the relevant vehicle is cancelled, it shall be scrapped only, and where it is exported, the registration shall be cancelled for export.

Nevertheless, on April 4, 2012, when the Defendant issued a registration of scrapping after the issuance of a certificate of acceptance of each scrap on the 12th of the same month, the Defendant: (a) sold the above 2 bus to Busan Metropolitan City G (State) H representative of Gangseo-gu, Busan Metropolitan City (State) H, an exporter, in the office of the Defendant of the F of the Haban-gun, on May 1, 201, and then completed registration of scrapping, the Defendant would scrap it.

Where a motor vehicle scrapping and recycling business operator of "2013" receives a request for scrapping, he/she shall scrap the relevant motor vehicle and discard the motor vehicle registration certificate, registration number plate, and seal in a state that they cannot be re-used.

On June 19, 2012, the Defendant, who is engaged in automobile scrapping and recycling business with the trade name "C" in the Haban-gun F, Haban-gun, and on June 26, 2012, issued a request for automobile scrapping and registration of automobile scrapping, and sold the above van to the representative L company of the exporter of the Haban-gun's office.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness M or N's statutory statement;

1. Article 80 subparagraph 9 of the Automobile Management Act and Article 58 (6) of the same Act concerning criminal facts and the selection of punishment, respectively;

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

1. Penalty fine of KRW 3,000,000 to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59 (1) of the Criminal Act (see, e.g., Article 59 (1) of the Suspension of Sentence (see, e., Supreme Court Decision 2006Da1

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