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(영문) 부산지방법원 2017.08.23 2017고정969
자동차관리법위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

A person who takes over a registered automobile shall apply to the Mayor/Do governor for the registration of transfer of ownership of the automobile within 15 days from the date of purchase, and where the transferee of the automobile intends to transfer again to a third party, he/she shall make the registration of transfer

Nevertheless, the Defendant, at around 14:00 on May 1, 2016, transferred the E-Daer vehicle from the former C representative D to KRW 9 million, but did not file an application for registration of transfer of ownership with the competent government office within 15 days from the date of the transfer. On May 1, 2016, the Defendant received KRW 3,300,000 out of the acquisition price of the vehicle from F in the parking lot near the Seo-dong, Seo-gu, Busan Metropolitan City and transferred the Daer vehicle that did not make the registration of transfer of ownership.

Summary of Evidence

1. The protocol concerning the interrogation of each police suspect against the defendant or F;

1. Application of Acts and subordinate statutes to police investigation reports (as to attachment of relevant documents, such as motor vehicle registration certificate, and attachment of relevant documents);

1. Relevant legal provisions concerning facts constituting an offense, Article 81 subparagraph 2 of the Automobile Management Act, Article 12 (1) of the Land Management Act (a point of application for non-registration of ownership transfer), Article 80 subparagraph 2 of the Automobile Management Act, and Article 12 (3) of the Motor Vehicle Management Act (a point of transfer by a third party of a motor vehicle with unpaid registration of transfer), and selection of fines, respectively;

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

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

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

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