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The judgment below
Defendant E shall be reversed.
Defendant
E shall be punished by imprisonment with prison labor for six months.
except that this judgment.
Reasons
1. Reasons for appeal;
A. Defendant D1, misunderstanding the fact, etc., intended to purchase a new vehicle from AU in order to start a car rental business on April 2015, 2015, and the Defendant decided to purchase 13 vehicles from AV (PresidentW) to be shipped out from AU, with the introduction of P, to purchase 13 vehicles from AV (PresidentW) to be shipped out from AU, and to transfer KRW 140 million from April 17, 2015 to July 15, 2015 to AV BU, etc. to use the said vehicle rental business as a sales price, public charge, etc., and thus, the said vehicle rental business was not registered by unlawful means.
P or AV’s W did not deliver a RR car to the Defendant even after receiving the purchase price, etc. from the Defendant, and as a result, P would be at the risk of being accused of fraud from the Defendant, thereby allowing the Defendant to transfer the ownership of the 23th vehicle necessary for the registration of the car rental business.
On the other hand, P made a certificate of seal impression necessary for the registration of the transfer of ownership of a motor vehicle and P made a registration of the transfer of ownership of a motor vehicle, and the defendant did not know that the above 23 vehicles were exported and did not exist in the Republic of Korea, and even though he did not participate at all in the business of the registration of the transfer of ownership of a motor vehicle by P and its employees, the court below found the defendant guilty of the fraudulent entry in the public electronic records, etc. and the exercise thereof by the P's statement that the
In addition, the exported vehicle has registered ownership transfer of the exported vehicle only but not in Korea since it exists and may return to the Republic of Korea.
The judgment of the court below which found the defendant guilty of the non-existent vehicle is not registered, but it is erroneous in the misunderstanding of legal principles, even though it is not recorded in the official electronic records, etc. in the intent of true ownership transfer registration with respect to the exported vehicle.