logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.02.10 2016고단8846
사기등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal record] Defendant B was indicted by non-detained as a violation of the Automobile Management Act at the Seoul Central District Court on June 21, 2016 and sentenced to a fine of KRW 4 million on November 17, 2016, and is still pending in the appellate trial.

[Criminal facts] No person may change the odometer of a motor vehicle.

Nevertheless, at around 14:40 on March 15, 2016, the joint Defendant N prior to the separation calls the Defendant to change the mileage of AObera crick, and the Defendant entrusted the said Benna crack with the vehicle in front of the agricultural cooperative located in Seo-gu Incheon, Seo-gu, Incheon, by requesting the consignment of the said vehicle.

Around that time, the Defendant consented to the above request of joint Defendant N prior to such separation, and then changed the odometer from 131,595km to 100,068km on the front of the said NAC by connecting Dimas II to the meter board of the said NAC and revising the odometer.

Accordingly, the Defendant, in collusion with the common DefendantN before separation, changed the mileage of the vehicle.

Summary of Evidence

1. A statement in each court of the defendant andN;

1. Copies of the police statements made to AP;

1. Protocol of seizure (Evidence No. 31);

1. Application of a copy of motor vehicle registration certificate, a copy of the performance and condition inspection register of used motor vehicles, a copy of brief information on motor vehicles, a copy of a certificate of transfer of each motor vehicle, a certified copy of the motor vehicle

1. Article 79 Subparag. 16 of the relevant Act concerning criminal facts, Article 71(2) of the Automobile Management Act, Article 30 of the Criminal Act, and selection of fines;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The act of arbitrarily manipulating and changing the odometer for the reason of sentencing under Article 334(1) of the Criminal Procedure Act does not constitute a crime. However, the act of the Defendant’s confession and reflects the crime, the frequency of the crime is limited to one time, the Defendant’s age, sexual conduct, family relationship, home environment, motive and means of the crime, and the circumstances after the crime.

arrow