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(영문) 서울중앙지방법원 2018.11.16 2017고정3423
자동차관리법위반
Text

Defendant

A shall be punished by a fine of KRW 500,000.

Defendant

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

Reasons

Where a person who has acquired a motor vehicle in the criminal history (defendant A) intends to re-transfer the motor vehicle to a third party, he/she shall register the transfer in his/her name before the transfer.

Nevertheless, while Defendant A received and operated E-SF 3.0D vehicles (hereinafter “the instant vehicle”) from F in February 2017, Defendant A transferred the instant vehicle to G without the consent or lease succession and other transfer registration procedures, which owns the said vehicle in the amount of KRW 140 million at the market price of the non-permanent city in February 2017.

Summary of Evidence

1. The defendant A's partial statement

1. Three-time protocol concerning G concerning the interrogation of the police officer;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Application of Acts and subordinate statutes to investigation reports (informF 3.0D vehicle-related documents by facsimile);

1. Article 80 of the relevant Act concerning criminal facts, Article 80 of the Automobile Management Act and Article 12 (3) of the same Act concerning the selective punishment, and the selection of fines;

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

1. Judgment on the assertion by the Defendant A and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant asserts that the instant vehicle was not transferred to G.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court, the Defendant transferred the instant re-employed vehicle to G after acquiring it.

Recognized.

The investigative agencies of G, F and some statements in this Court, which seem contrary to this, are not believed to be in trust.

Therefore, we cannot accept the defendant's above assertion.

1) The Defendant’s acquisition of the instant vehicle stated that “The F (F) borrowed KRW 18 million from the Defendant while operating the instant vehicle owned by the KFD, and offered the instant vehicle as security” (the investigation record No. 485, 486 pages), and this Court stated to the same effect.

However, F is the procedure for the transfer registration of the instant vehicle to the defendant.

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