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(영문) 광주지방법원 순천지원 2018.04.23 2017고정582
자동차관리법위반
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The Defendant is a motor vehicle dealer as the representative of “D” within the instant trading complex at the net time.

Where a motor vehicle dealer sells a motor vehicle or arranges the sale of a motor vehicle, he/she shall notify the purchaser of the details of the inspection of performance and condition of the structure, devices, etc. of the motor vehicle in writing, and shall not conduct a false inspection or announcement thereof.

Nevertheless, the Defendant knew on January 4, 2017 that the F representative operating the E Industrial Complex did not actually inspect vehicles, received the registration certificate by facsimile, and then prepared a register of inspection at low prices. On January 4, 2017, the Defendant notified the buyer of the record of inspection on the performance and condition of the G vehicle, including the fact that he/she received the false record of inspection on the performance and condition of the G vehicle from the said F and notified the buyer H of the record of inspection on the performance and condition of the vehicle. The Defendant notified the buyer of the record of inspection on the performance and condition of the used vehicle prepared in falsity from January 4, 2017 to May 15, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police in relation to F;

1. Statement made to I by the police;

1. A written accusation;

1. Application of Acts and subordinate statutes of each original register of motor vehicle registration;

1. Article 80 of the relevant Act concerning criminal facts, Article 80 subparagraph 7 of the Automobile Management Act and Article 58 (1) of the same Act concerning the selection of punishment, and the selection of 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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