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(영문) 부산지방법원 2017.02.15 2016고정4104
자동차관리법위반
Text

Defendant shall be punished by a fine of one million won.

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On February 5, 2016, the defendant was sentenced to six months of imprisonment and two years of suspended execution, confiscation and collection due to a violation of the Game Industry Promotion Act at the Busan District Court on February 5, 2016. The above judgment became final and conclusive around that time.

A person who takes over a registered automobile shall apply for the registration of transfer of ownership to the Mayor/Do governor within fifteen days from the date of purchase, and where the transferee of the automobile intends to transfer again to a third party, he/she shall make the registration of transfer in his/her name.

Nevertheless, the Defendant, at around 14:00 on September 26, 2014, on the front day of the discharge from active service located in the Dong-gu, Daejeon-dong, Daejeon-gu, 215 (fixed Dong-dong). On the front day of the discharge from active service, the Defendant: (a) sent an advertisement report on the vehicle transaction to B, a website, to a person who is unable to know the full name, and (b) took over the vehicle for C at KRW 2,00,000 from a person who was unable to know the full name; (c) without justifiable reasons, the Defendant, within 15 days from the date of such transfer, did not file an application for the transfer of ownership with the Busan Metropolitan City Mayor, a competent administrative agency, for the transfer of ownership with the Busan Metropolitan City Mayor at KRW 13:0,00 on the front day of the apartment road located in the Dong-gu, Busan-gu, Busan Metropolitan City, to a person who was unable to know of the name through the said container.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation;

1. All documents attached to the motor vehicle registration ledger, mandatory insurance inquiry certificate, and other documents;

1. Previous convictions in judgment: Inquiry about criminal history, reporting of previous convictions and results of confirmation, a copy of the judgment, and application of statutes to the classification results of the Konet case;

1. Article 81 subparagraph 2 of the former Automobile Management Act (amended by Act No. 1393, Jan. 28, 2016; hereinafter the same shall apply), Article 81 subparagraph 2 of the same Act, Article 12 (1) of the former Automobile Management Act (amended by Act No. 1393, Jan. 28, 2016; hereinafter the same shall apply), Article 80 subparagraph 2 of the former Automobile Management Act, Article 12 (3) of the former Automobile Management Act (amended by Act No. 1393,

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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