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(영문) 제주지방법원 2015.12.04 2015고정988
주민등록법위반등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Any person who has acquired a registered motor vehicle shall file an application for registration of transfer of ownership with the Mayor/Do Governor, as prescribed by Presidential Decree, and shall file an application for registration of transfer within 15 days from the date of purchase in cases of sale;

Nevertheless, on April 2014, the Defendant purchased the Edota Camp Camp which is registered in the name D from the upper world where it is impossible to identify the name in the “C” located in Busan around the end of April 2014, and did not file an application for the registration of transfer of the ownership of a motor vehicle within 15 days from that date.

2. No person who violates the Resident Registration Act shall unlawfully use another person's resident registration number.

Nevertheless, the Defendant purchased a passenger car registered in the name of D as described in Paragraph 1, and then, around 14:09 on March 24, 2015, when the maturity of the automobile insurance, which was subscribed to the “AXA damage insurance company” in the name of D, went due to the arrival of the maturity of the automobile insurance. In order to continue to subscribe the automobile insurance in the name of D, the Defendant illegally used another person’s resident registration number by phone call to the “AXA damage insurance company” to the counseling staff whose name is unknown, and by making it impossible to identify the name available.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes concerning the certificate of insurance coverage, inspection of the register of motor vehicles, chassis, mandatory insurance, and comprehensive automobile taxes;

1. Relevant Article of facts constituting an offense, subparagraph 2 of Article 81, Article 12 (1) of the Motor Vehicle Management Act (a point of application for non-registration of ownership transfer), Article 37 subparagraph 10 of the Resident Registration Act (a point of application for non-registration of ownership transfer), and selection of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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