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(영문) 인천지방법원 부천지원 2019.01.24 2018고정885
자동차관리법위반
Text

Defendant shall be punished by a fine of four 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 has worked as a middle and high-speed with B building C D in Bupyeong-si.

1. No motor vehicle dealer who violates the Motor Vehicle Management Act shall make a false or exaggerated indication or advertisement on a motor vehicle intending to sell or arrange for sale and purchase;

Nevertheless, the Defendant posted a false advertisement on the Internet site called “FBC-G” around July 6, 2018, to the effect that he/she was unable to sell the said vehicle for KRW 8 million on the following grounds: (a) he/she did not own a vehicle for E (type: 2018 type, odometer: 8956km) and did not request the owner of the said vehicle or his/her agent to arrange the sale of the said vehicle; and (b) he/she could not sell the said vehicle for KRW 8 million.

2. No person who violates the Automobile Management Act shall run a motor vehicle management business, such as motor vehicle transaction business, without completing the registration pursuant to the registration standards for the motor vehicle management business, to the head of a Si/Gun/Gu;

Nevertheless, the Defendant, without such registration, sells E at KRW 8 million on the Internet site called “Fableg” - G, around July 6, 2018, while he/she was working as a middle and high sea with no such registration.

"" posted an advertisement to the effect that it is carrying out business activities to trade the vehicle or to arrange the trade of the vehicle.

Accordingly, the defendant carried on the automobile transaction business without registration according to the registration standard of the automobile management business to the competent administrative agency.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to report on investigation (in response to the issuance of employee certificates), the issuance of employee certificates, and reporting on the results of investigation;

1. The relevant provision of the Automobile Management Act, subparagraph 5-3 of Article 80, Article 57 (3) 2 (a point of false advertisement), subparagraph 13 of Article 79, Article 53 (1) of the Automobile Management Act, and the selection of fines, respectively, concerning facts constituting an offense;

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 of the Criminal Act for the detention of a workhouse.

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