logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.01.13 2016고정2468
자동차관리법위반
Text

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

In the event that the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

Some of the facts charged were revised to the extent that it does not interfere with guaranteeing the defendants' right of defense.

Defendant

B is a motor vehicle dealer who registered as a business operator in the name of "D" in Seogugu, Daegu, and the defendant A is a motor vehicle dealer belonging to the above D.

1. Although Defendant A dealer was prohibited from engaging in any false or exaggerated display or advertisement on a motor vehicle intended to sell or arrange for sale, the Defendant advertised a high-class basic type of type, which is, “E”, to the “SKk Ka” in the Internet, around August 9, 2016, around 10:00, the Defendant advertised a high-class type of type, namely, “E”, to the “SK Ka” (hereinafter referred to as “E”).

As a result, the Defendant made a false advertisement on a motor vehicle intended to sell.

2. Although Defendant B had a duty to exercise due care and supervision over the act of false or exaggerated labeling or advertising when an employee of the “D”, who he is his representative, arranged the sale or purchase of used cars, Defendant B, by neglecting this duty, intended to advertise the “E” basic type as described in paragraph (1) of the said Article with high-class basic type of punishment, thereby making the employee A advertise the high-class basic type of punishment as indicated in paragraph (1) of the said Article.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes of each report on internal investigation (No. 1, 3, 4, 8)

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 80 subparagraph 5-3 of the Automobile Management Act, Article 57 (3) 2 of the same Act (excluding punishment) and Article 57 (3) 2 of the same Act, and Defendant B: Articles 83, 80 (5) 3, and 57 (3) 2 (excluding punishment) of the Automobile Management Act;

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

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

arrow