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(영문) 서울동부지방법원 2016.12.07 2016고정1283
자동차관리법위반
Text

The defendant shall be innocent.

Reasons

1. A person who takes over a motor vehicle registered as a summary of the facts charged shall file an application for registration of transfer of the ownership of a motor vehicle with the Mayor/Do Governor within 15 days;

Nevertheless, on January 2015, the Defendant received DYF rocketing car from C at the insular area below the 15 million won in the 2015 Franchi, and operated the front of the 57 Gangdong Police Station within the Gangdong-gu Seoul Metropolitan Government from April 20, 2016, and did not file an application for the registration of transfer of the ownership with the Mayor/Do governor within 15 days without justifiable grounds.

2. Article 12(1) of the Automobile Management Act, which is a applicable provision to the facts charged in this case, provides that "any person who acquires a registered automobile shall file an application for the registration of transfer of ownership of the automobile with the Mayor/Do governor as prescribed by Presidential Decree", and Article 81(2) of the Automobile Management Act provides that anyone who fails to file an application for the registration of transfer of ownership of the automobile without justifiable grounds

As above, Article 12 (1) of the Automobile Management Act provides for the obligation to apply for the registration of transfer of ownership of a motor vehicle. It is reasonable to view that the above registration of transfer provides for the duty of registration of the transferee of the motor vehicle with the intent to

The following circumstances revealed by the evidence adopted and examined by this Court: (a) around 2010, the Defendant: (b) leased a rocketing car owned by Dable C Co., Ltd., Ltd.; (c) thereafter, Drable C recovered the said vehicle; and (d) the Defendant appears to have re-leased the E Partnership Company’s YF Laol car; (d) in around 2015, C stated that it was not sold the said vehicle to the Defendant at once, but leased the said vehicle to the Defendant for a long time after receiving the rental fee in advance; and (e) the Defendant leased the said vehicle.

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