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(영문) 광주지방법원 순천지원 2018.04.23 2017고정547
자동차관리법위반
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a motor vehicle dealer as the representative of “D” in the net City C.

A motor vehicle dealer shall not notify a person who inspects the performance and condition of a motor vehicle by fraud of the details of the inspection of the performance and condition of the structure, devices, etc. of the motor vehicle.

Nevertheless, on January 23, 2017, the Defendant notified the buyer of the record for the inspection of performance and condition of the E-vehicle, as described in the table of crime Nos. 1 through 7, 10, and 13, including that he/she notified the buyer F of the record for the inspection of performance and condition of the E-vehicle. The Defendant notified the buyer of the record for the inspection of performance and condition of the used vehicle prepared falsely from January 23 to March 7, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to G;

1. Statement made by the police with H;

1. A written accusation;

1. Application of Acts and subordinate statutes to the ledger of inspection of performance and condition of each motor vehicle, and the ledger of registration of each motor vehicle;

1. Article 80 of the relevant Act concerning criminal facts, Article 80 subparagraph 7 of the Automobile Management Act and Article 58 (1) of the same Act concerning the selection of punishment, and the selection of fines;

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. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of this part of the facts charged is a motor vehicle dealer who is the representative of “D” in netcheon City C.

A motor vehicle dealer shall not notify a person who inspects the performance and condition of a motor vehicle by fraud of the details of the inspection of the performance and condition of the structure, devices, etc. of the motor vehicle.

Nevertheless, the Defendant notified the buyer of the record of inspection of the performance and condition of used cars entered in the list of annexed crimes (39) 8, 9, 11, and 12 at a net time.

2. According to the evidence submitted by the judgment prosecutor, it is recognized that a false record of inspection of performance and condition of a used motor vehicle is prepared for each of the above motor vehicles.

However, this Court has duly adopted and investigated.

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