logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.06.28 2018노519
자동차관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact misunderstanding 1) The Defendant acquired FF car by transfer, and did not resell XG car in the name of the Defendant without registration of transfer in the name of the Defendant, but only sold the car on behalf of the Defendant upon request of her friendship and delivered money in the middle.

2) The Defendant merely received from K to return the BMW car to the borrower, and did not collect it for the purpose of scrapping.

Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous as affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (2 million won) is too unreasonable.

2. Determination

A. 1) The judgment of the court below on the charge of the part of the vehicle part XG as to the allegation of fact finding 1) The decision of the court below on the charge of this part of the charge was made by considering the evidence in the judgment, and closely comparing the above judgment of the court below with the records, the judgment of the court below is just and it is erroneous in the judgment of the court below as alleged by the

shall not be deemed to exist.

Therefore, this part of the defendant's argument is without merit.

2) As to the facts charged in the part of the BMW car, the lower court found the Defendant guilty on the ground that the Defendant received a request from K for scrapping and paid KRW 200,000,000 for the expenses of scrapping, and that this is consistent with the witness K’s legal statement.

D. According to the circumstances in the lower judgment, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, namely, ① the Defendant was actually engaged in the automobile-scrapping business around 2014, and the Defendant at that time made an advertisement for automobile-scrapping business using a vehicle containing the phrase, such as “automobile-scrapping and cancellation,” and K reported the said advertisement to the Defendant and contacted the Defendant to scrap BM vehicle.

arrow