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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The Defendant is an internal director of C Co., Ltd. (hereinafter referred to as “C”) who is the owner of B1 ton cargo vehicle (hereinafter referred to as “instant cargo vehicle”).

No person shall be detached of a motor vehicle registration license plate and its seal, except in cases where permission is obtained from the Mayor/Do Governor or where special provisions exist in other Acts.

On October 1, 2019, the Defendant removed the front registration number plate from the instant cargo vehicle without obtaining permission from the Mayor/Do Governor, in Guro-gu Seoul Metropolitan City, Guro-gu, 496-1 No. 496-1, without obtaining permission from the Mayor/Do Governor.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement statement by the police about D and a written confirmation of an investigation report (not more than 180 pages of evidence records);

1. Photographs of vehicle number plates, written judgments, and application of the statutes of the automobile register;

1. Article 81 of the Motor Vehicle Management Act applicable to criminal facts, Articles 81 subparagraph 1 and 10 (2) of the Motor Vehicle Management Act, the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. It is true that the defendant removed the front registration number plate from the cargo vehicle in this case. However, after legal dispute over the cancellation of the cargo vehicle sale contract in this case, the defendant removed the front registration number plate before the defendant intends to clarify the possession of the cargo vehicle in this case, there is justifiable reason under the Trucking Transport Business Act.

2. Determination

A. The record reveals that the instant cargo tea sales contract concluded on September 18, 2017 between D and C was lawfully cancelled as D around October 23, 2017, and thereafter D delivered the instant cargo tea (including heat) to C; and the Defendant, around October 1, 2019, removed the front registration number plate from the instant cargo vehicle without obtaining permission from the Mayor/Do Governor around October 1, 2019.

B. Article 10(2) of the Automobile Management Act provides that registration number plates and seals shall be affixed.