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(영문) 인천지방법원 부천지원 2016.12.15 2016고단2853
자동차관리법위반
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a heavy and withstandingr belonging to D in Bupyeong-si, Nowon-gu, U.S.C.

A motor vehicle dealer shall not engage in any false or exaggerated display or advertisement on the motor vehicle which he/she intends to sell or intermediate the sale and purchase, and in cases where he/she places any advertisement on the Internet, he/she shall not provide the history of motor vehicle, seller information, etc.

Nevertheless, in early July 2016, the Defendant stated false facts, such as “finite: 1,82 km, 1,000 km, seizure and mortgage,” as if he did not actually possess or have been entrusted with sale by accessing E, an Internet advertising site, at the Bupyeong-gu, Bupyeong-gu, Incheon, Seocheon-gu, Incheon, and as if he sold, the Defendant advertised Faburged vehicles as if he did not sell. Although he did not know the actual performance inspection status, he did not know the actual performance inspection status, the Defendant falsely posted the performance inspection record in the “finite, so long as he did not know,” and provided the seller’s information with false or exaggerated indication and advertisement of the total four vehicles as indicated in the attached list of crimes, including stating “G” which is an employee identification number of another person.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Application of Acts and subordinate statutes as a result of an accusation, each advertisement screen, each motor vehicle register, and search of another's employee number;

1. Article 80 subparagraph 5-3 of the Automobile Management Act, Article 57 (3) 2 (a point of false advertisement) of the Motor Vehicle Management Act concerning facts constituting an offense, and Articles 80 and 7-2 and 58 (3) of the Motor Vehicle Management Act (a point of false provision of motor vehicle history);

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order.

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