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(영문) 대전지방법원 2016.10.14 2016고단2262
실화등
Text

Defendant

A A shall be punished by a fine of two million won, by a fine of one million won, by a defendant B, and by a fine of one million won.

Reasons

Punishment of the crime

1. Defendant A

(a) No person who violates the Automobile Management Act shall dismantle the devices prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport in automobiles;

Nevertheless, at around 15:50 on April 15, 2016, the Defendant dissatisd a four gate, a passenger device of the said car, a body, and a chassis, using a mountain gate for the purpose of using FST5 car at the Dong-gu, Daejeon for its own contact practice.

B. At the same time and place as in the preceding paragraph, the Defendant: (a) destroyed an automobile owned by another person by the fire of a fire that was caused by negligence that dealt with a melting machine while dismantling FM5 car owned by C using a melting machine, such as in the preceding paragraph; (b) the fire that was caused by the melting machine was moved to a vehicle before the vehicle.

2. In case where the transferee of the defendant B motor vehicle intends to transfer again to a third party, he shall make a registration of transfer under his own name before transferring; and

Nevertheless, in February 2014, the Defendant did not make a transfer registration under its own name before transferring to C, even though the Defendant received 1.2 million won in cash from the trading company, which was owned by the Defendant at the right side of the purchase company located in the Daejeondong-gu, Daejeon, and sold to C the FSM5 car purchased from the trading company.

3. A person who takes over a motor vehicle registered with Defendant C shall file an application for registration of transfer of ownership with the Mayor/Do Governor, as prescribed by Presidential Decree.

Nevertheless, the Defendant did not file an application for the registration of transfer of the ownership of a motor vehicle until April 2015, even though he/she purchased FM5 motor vehicles from B and acquired FM5 motor vehicles from B as in the preceding paragraph, as in February 2014.

Summary of Evidence

1. Defendants’ respective legal statements

1. Seizure records;

1. Photographs of the fire vehicle;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of a copy of the Motor Vehicle Register);

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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