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(영문) 수원지방법원 성남지원 2016.10.26 2016고정1113
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 takes over a registered motor vehicle shall file an application for registration of transfer of ownership of a motor vehicle with the Mayor/Do Governor, as prescribed by Presidential Decree.

On February 2, 2013, the Defendant, within a used vehicle sales company located in Seocho-gu Seoul Metropolitan Government, acquired DM7 car volume registered under C in the name of C from a used vehicle sales company located in Seocho-gu, Seoul, but operated the said vehicle by June 2, 2016 without justifiable grounds, without filing an application for registration of transfer of ownership of the said vehicle under the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the police interrogation protocol of the defendant

1. Automobile register;

1. The defendant, such as a motor vehicle transfer certificate, asserts that only he was provided with a motor vehicle as security, does not take over it.

However, the following circumstances acknowledged by the evidence adopted and examined by the court, i.e., (i) the Defendant lent KRW 10 million to Nonindicted Party C on February 2, 2013, and received the instant vehicle registration certificate, certificate of vehicle transfer, C’s personal seal impression, towing approval and written consent from the waiver of the instant vehicle, (ii) the Defendant appears to have agreed that the instant vehicle will belong to the Defendant if C is provided as collateral and C is unable to repay the borrowed money, and (iii) the Defendant directly operated the instant vehicle for three years after being delivered, and paid automobile tax, etc. by purchasing mandatory insurance and paying it. (iv) In light of the fact that the Defendant occupied the instant vehicle and operated the instant vehicle for three years, the Defendant was subject to seizure registration on several occasions due to a violation of the unpaid parking and stopping regulations, etc., the Defendant is the transferee of the instant vehicle, and thus, he/she applies for the registration of transfer of ownership of the said vehicle within 15 days without justifiable grounds.

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