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(영문) 인천지방법원 2018.10.25 2018고정2263
자동차관리법위반
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is a used vehicle registered as an employee in the used vehicle trading company of the trade name B, and C is a person who purchased D A4 vehicles from the Defendant.

Where a motor vehicle dealer sells a motor vehicle or arranges the transaction of a motor vehicle, he/she shall notify in writing the purchaser of the relevant motor vehicle of the details of the inspection of the performance, performance and condition of the structure, devices, etc. of the relevant motor vehicle (including photographs of the scene of inspection, and within 120 days from the inspection date) before concluding the sales contract.

Nevertheless, on January 23, 2018, the Defendant violated the Automobile Management Act by notifying C of the record of the performance and condition inspection of used cars, which was prepared on August 7, 2017, in the course of a contract to prepare a certificate of automobile transfer for D AD A4 vehicles in Seo-gu Incheon, Seo-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to records of inspection of performance and condition of used motor vehicles, certificates of transfer of motor vehicles, and data on registration of employees of the FSC;

1. Article 80 Subparag. 6 of the former Automobile Management Act (amended by Act No. 14950, Oct. 24, 2017); Articles 58(1)1 and 58(1)1 of the same Act regarding criminal facts; selection of fines

1. Article 70 (1) and Article 69 (2) of the Criminal Act on confinement in a workhouse (where a sentence of suspension of execution becomes void or revoked and a defendant fails to pay a fine);

1. Article 62(1) of the Criminal Act on the Suspension of Execution (see, e.g., Article 62(1) of the Criminal Act (see, e., Supreme Court Decision 2006Da1248, Apr. 1, 2006)

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