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(영문) 수원지방법원 성남지원 2017.02.07 2016고정1373
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. A person who has acquired a motor vehicle registered in violation of the Motor Vehicle Management Act shall file an application for registration of transfer with the Mayor/Do Governor, as prescribed by Presidential Decree;

On March 15, 2014, the Defendant borrowed 4 million won to non-performing credit service providers located in the Seo-gu Incheon Metropolitan City, Seo-gu Office, and acquired the instant Saturdays registered in B’s name.

The defendant did not apply for the registration of transfer of ownership of a motor vehicle without justifiable grounds despite the acquisition by transfer of the motor vehicle registered as above.

2. Where a person who has acquired an unregistered motor vehicle in violation of the Automobile Management Act intends to transfer it again to a third party, the registration of transfer shall be made in his/her name before transferring it;

On November 20, 2014, the Defendant received 4.6 million won and transferred the instant Saturdays to E, a third party, without making a transfer registration in the name of the Defendant, at the convenience store located in Gwangju-si, Gwangju-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against B;

1. Application of the motor vehicle registration ledger and the mandatory insurance-related Acts and subordinate statutes;

1. Article 81 Subparag. 2 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015; hereinafter the same shall apply), Articles 81 Subparag. 2 and 12(1) of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015; hereinafter the same shall apply), Articles 80 Subparag. 2 and 12(3) of the former Automobile Management Act, and each of the fines.

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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