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(영문) 대전지방법원 2018.05.30 2016고단2002 (4)
자동차관리법위반등
Text

Defendant

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

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

"2017 Highest 782"

1. A person who has acquired a motor vehicle registered by defendant A shall file an application for the registration of transfer of ownership with the Mayor/Do Governor as prescribed by Presidential Decree;

Nevertheless, on February 17, 2016, the Defendant paid KRW 3.9 million to E in front of D E on the street in Seo-gu Daejeon, Seo-gu, Daejeon on February 17, 2016, and did not apply for the registration of transfer without justifiable grounds.

2. Defendant B

(a) A person who has acquired a motor vehicle registered in violation of the Motor Vehicle Management Act in relation to an application for registration of transfer shall file an application for registration of ownership transfer with the Mayor/Do Governor;

Nevertheless, on February 21, 2016, the Defendant paid KRW 20 million to E in front of D Mart in Seo-gu Daejeon, Seo-gu, Daejeon on February 21, 2016, and did not file an application for registration of transfer without justifiable grounds, even though he/she acquired G Au D A6 car.

(b) Where a transferee of an automobile in violation of the Automobile Management Act relating to the transfer without title intends to re-transfer it to a third party, the transfer shall be made in his/her name;

Nevertheless, on March 9, 2016, the Defendant transferred a registered car to a person with no name but to a person with no name, at a non-titled location below the Dong-dong, Nam-gu, Seoul Special Metropolitan City on March 9, 2016.

Summary of Evidence

1. Defendants’ legal statement

1. The protocol of suspect interrogation of each police officer regarding E;

1. Details of large-scale books, F vehicle documents (such as the ledger of vehicle registration), arrest reports on occurrence of cases, and application of Acts and subordinate statutes to report on investigation;

1. The relevant criminal facts and the selection of punishment;

A. Article 81 subparag. 2 and Article 12 subparag. 1 of the Automobile Management Act of Defendant A, and selection of fines

B. Articles 81 subparag. 2, 12 subparag. 1, 80 subparag. 2, and 12 subparag. 2, and 12 subparag. 3 (the transfer of name) of the Automobile Management Act of Defendant B, and the choice of each fine

1. Aggravation of concurrent crimes (Defendant B), the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act.

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