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(영문) 울산지방법원 2017.10.27 2017고단2376
자동차관리법위반
Text

Defendant

A Imprisonment for 6 months, and Defendant B shall be punished by a fine of 7,000,000 won.

Defendant

B The above fine.

Reasons

Criminal facts

1. Defendant A is a person operating a motor vehicle maintenance business from around 2011 to the “G” located in Yangsan-si F.

A motor vehicle maintenance business operator shall not have a motor vehicle, except where approval is obtained from the competent authority, and shall not have a motor vehicle installed differently from the details approved.

Nevertheless, the Defendant, at the workplace of the foregoing G around July 30, 2012, did not obtain the approval of the competent authority for structural change, and did not have installed a motor vehicle in the manner of attaching a “defensing” in the form of attaching a iron plate, etc. on the loaded box of the cargo owned by H, from that time to March 13, 2017 in the same manner as in the list of crimes in the attached Table (1) from March 13, 2017, and received a total of 201,854,50 won in total from that time.

2. Defendant B is a person who, from May 2009, has been operating the business of selling part of cream from the J “J” located in Yangsan-si.

Any person who intends to conduct a motor vehicle management business, such as the motor vehicle transaction, maintenance, and recycling business, shall register the motor vehicle management business with the competent authority.

Nevertheless, at the above J workplace around June 21, 2014, the Defendant, without registering a motor vehicle management business to the competent authority, installed a motor vehicle in the manner of attaching a "defluence" by attaching a iron plate, etc. on the loading box of the cargo owned by K, and thereafter, he/she installed the motor vehicle in the same manner as the list of crimes listed in the attached Table (2) from January 12, 2017, and received 6,509,000 won in total from January 21, 2017 to receive an amount of money equivalent to 6,509,000 won.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each protocol for the examination of a police officer in relation to L, M, N,O, P, Q, R, S, T, U,V, and W (including additional materials);

1. Each police statement protocol (including additional data) with respect to X, Y, Z, AA, AB, AC, and AD;

1. Police seizure records;

1.Each photograph and separate book (by transaction ledger and date.

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