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(영문) 광주지방법원 순천지원 2018.04.23 2017고정632
자동차관리법위반
Text

Defendant

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

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative of "E" in the D Trading Complex at the time of net thousands, and the defendant B is the E member and the motor vehicle dealer.

Although motor vehicle dealers are not allowed to notify falsely the performance and condition of the structure and devices of motor vehicle, the Defendants conspired to notify the buyer of the motor vehicle which did not inspect the performance and condition of the motor vehicle as if it was inspected.

Therefore, on January 5, 2017, the Defendants sold F vehicles not supported by Defendant A’s inspection of the performance and condition of a motor vehicle to G, and notified the buyer of the inspection record of the performance and condition of a used motor vehicle prepared falsely as if the inspection of the performance and condition of a motor vehicle was conducted, as stated in [Attachment] Nos. 1 through 10, 12, and 21, as stated in [Attachment] Crimes List Nos. 1 to 28 from January 5, 2017 to May 2, 2017, the Defendants notified the buyer of the inspection record of the performance and condition of a used motor vehicle for the total of 28 vehicles.

As a result, the Defendants conspired to give false notice of the performance and condition of the structure and devices of the automobile.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of the suspect of each police officer with regard to H;

1. Statement made to I by the police;

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 subparagraph 7 of the relevant Act and Article 58 (1) of the Automobile Management Act, Article 30 of the Criminal Act, and the selection of fines, respectively, concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

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